OKLAHOMA 

HISTORY 

AND 

GOVERNMENT 



<#r^^ 




THOBUKN and BARHETT 




Class 

Book 

Copyright N^. 



-4 



COPYRIGHT DEPosrr 



A HISTOL'Y 

OF 
OKLAHOMA 



A HISTORY 



OF 



OKLAHOMA 



BY 




JOSEPH B) THOBURN 

Instructor in Local and Western History 

in the 

University of Oklahoma 

AND 
ISAAC MrnOLCOMB 

Former Superintendent of the Oklahoma City Schools. 



OKLAHOMA CITY 

WARDEN COMPANY 

1914 

All rights reserved. 






Copyright, 1908 
By DOUB & COMPANY 

Copyright, 1913 
by 

THE 'VARDEN FEINTING COMPANY 

Copyright, 1914 

by 

THE WARDEN PRINTING COMPANY 



'CU387166 

OCT 12 1914 

III {/^. I ^ /) 



K 



DEDICATION 



TO THE YOUTH OF OKLAHOMA, WHOSE BETTERMENT IS 

THE INSPIRATION OF THIS STORY, AND UPON 

WHOM MUST SOON DEVOLVE THF: DUTIES 

AND RESPONSIBILITIES OF ITS CITL 

ZENSHIP, THIS VOLUME IS 

DEDICATED. 



PREFATORY 



FIRST EDITION 



The purpose of this volume is to place before the stu- 
dent an accurate story of Oklahoma's development, told in 
simple language. "History is a record of the past." The 
history of Oklahoma is a record that should bring a feeling 
of pride to the bosom of every citizen. It is a story we should 
know. We love best when we know what we love and why. 
It is our hope that when the story of Oklahoma is told to 
her citizens, the blood may mount to the cheek, the heart 
throb more quickly, the eye flash with patriotic fire and 
love. There is no surer way to bring this about than to 
teach the youth the magnificent history of our new state. 
If this little book accomplishes no more, its mission will 
have been fulfilled and the authors satisfied. 

Oklahoma City, 1908. 



SECOND EDITION 



In submitting a revised edition of the History of Okla- 
homa, the general plan of the work has been retained, while 
many changes have been made in detail. Subsequent re- 
search has made possible many improvements in the way 
of accuracy and completeness. Although some new matter 
has been included, the total amount of text has been materi- 
ally condensed. 

The helpful criticisms of many teachers and other inter- 
ested persons have resulted in numerous minor changes and 
additions which will aid both teacher and pupil in getting 
the most out of the subject. The pronunciation of difficult 
proper names as indicated diacritically in the text. 



ACKNOWLEDGMENT 



The authors desire to thank many friends, not only in 
Oklahoma but also in other states, for most helpful assist- 
ance and co-operation. Without such help some of the data 
and material for the book would have been difficult, if not 
impossible, to secure. Especially helpful has been the ready 
co-operation offered by the officials in charge of the Kan- 
sas State Historical Society, of Topeka, the Missouri His- 
torical Society, of St. Louis, the Oklahoma Historical So- 
ciety, of Oklahoma City, and the Bureau of American Eth- 
nology, of Washington, D. C. The publications of the Texas 
Historical Society have been of material assistance as have 
the writings of the late W. J. Weaver, of Ft. Smith. Dr. 
Emmet Starr, of the Northeastern State Normal School, has 
not only placed his splendid collections at the disposal of 
the writers, but has also kindly read the proofs. It would 
be a pleasure to mention by name all who have contributed 
to the interest and completeness of the work were it not 
that the enumeration of so many names would scarcely 
convey the distinction which is deserved. Their kindness is 
appreciated, and it is hoped that their helpfulness has been 
justified by the work of the authors. 



TO TEACHERS 



On account of the demand for condensation, but little 
supplemental matter has been included in this edition. An 
unabridged teachers' edition, with copious supplemental 
notes and numer.ous illustrations will not only enable the 
teacher to gain a much more comprehensive grasp of the 
subject but will also make possible considerable variation 
in class-room work. 

The suggestive questions presented at the end of the 
text for each period are not all that should be asked. Oth- 
ers equally as pertinent will suggest themselves to the mind 
of the teacher. 

In many communities teachers will find it possible to 
quicken the interest of their pupils in the study of history by 
inducing them to undertake to do some first-hand research 
work in the way of gathering data concerning the local his- 
tory of the town or neighborhood, its earliest settlers, devel- 
opment of its institutions, and other matters of like interest. 



CONTENTS 

Page 



Aboriginal Oklahoma 3 

Spanish and French Explorations 13 

American Occupation i... 21 

Indian Migration from the East 20 

An Era of Peaceful Development 39 

The Civil War in Oklahoma 49 

Peace Restored — Plains Tribes at War G7 

Struggle for Settlement 79 

Development of the Two Territories 91 

Oklahoma Under State Government 111 

Appendix 115 



LAND OF MY DREAMING 



Land of the mistletoe, smiling in splendor, 

Out from the borderland, mystic and old, 
Sweet are the memories, precious and tender. 

Linked with thy summers of azure and gold. 

O, Oklahoma, dear land of my dreaming, 

Land of the lover, the loved and the lost; 

Cherish thy legends with tragedy teeming, 

Legends where love reckoned not of the cost. 

Land of Sequoyah, my heart's in thy keeping, 

0, Tulladega, how can I forget! 
Calm are thy vales where the silences sleeping. 

Wake into melodies tinged with regret. 

Let the deep chorus of life's music throbbing, 
Swell to full harmony born of the years; 

Or for the loved and lost, tenderly sobbing; 

Drop to that cadence that whispers of tears. 

Land of the mistletoe, here's to thy glory 1 

Here's to thy daughters as fair as the dawn! 

Here's to thy pioneer sons, in whose story 
Valor and love shall live endlessly on! 

—GEORGE RTLEY HALL 



History of Oklahoma 



INTKODUCTORY. 

Unlike many of the older states of the American Union, 
the history of Oklahoma does not begin with the planting of 
a single colony. No invading conqueror ever SAvept across 
its borders, yet Oklahoma is a land of many peoples. Al- 
though the greater part of its history has been made within 
the last fifty years, it has much history in common with that 
of other states. Within its limits live the remnants or de- 
scendants of not less than fifty different tribes and nations 
of Indians, the former homes of whose people were scattered 
over not less than thirty different states. Likewise, prac- 
tically every state in the Union is represented by the white 
people who settled in Oklahoma. 

The people of Oklahoma trace descent from the Puri- 
tans of New England, from the Cavaliers of Virginia, from 
the Dutch Patroons of the Hudson Valley, from the French 
Huguenots of the Carolinas, from the Scotch-Irish of the 
Appalachian Highlands and from numerous tribes of Amer- 
ican Indians. 

The history of Oklahoma is remarkable in many ways. 
In the short space of a third of a century the savage hunts- 
man gave place to the herdsman. He in turn retired be- 
fore the husbandman, and a mighty state has been founded 
and builded in Avhat had been a wilderness. 

The Indian has played a pathetic part in the earlier 
history of nearly every state of the American Union, but 
in Oklahoma alone has his race played an important part 



Z History of Oklahoma 

in the building of a state. In Oklahoma, the Indian appears 
not only in the earlier history of the state, but remains to 
bear his part in its present and future history. 

The history of Oklahoma is unlike that of any other 
state. The real building of the state covered a period of 
less than twenty years, yet those years were full of achieve- 
ment. As her past has been filled with achievement and 
as her present is laden with opportunity, so must the future 
of Oklahoma be a challenge to all to rise to the possibilities 
that aw^ait honest effort. Those who carefully study the 
story of Oklahoma will gain, not only a knowledge of its 
origin and history and of the development of its institu- 
tions, but a measure of that intelligence and true devotion 
which are at once the inspiration and power of an ideal 
citizenship. 



Aboriginal Oklahoma 



First Known Inhabitants. — The first known inhabitants 
of Oklahoma were American Indians. Several different 
tribes claimed dominion over parts of the state when the 
white man first came to explore it. Of these, the Osages 
were found in the northern and northeastern parts of the 
State. The Caddoes ranged over the southeastern part of 
the state, in the valley of the Red River. The Wichitas 
lived west of the Caddoes, in the region of the Wichita 
Mountains. The Utes occupied the upper Cimarron country, 
in the northwestern part of the state. Several other tribes 
ranged over the present borders of Oklahoma at times, and 
still others that were given to roving from place to place 
became residents in Oklahoma a part of the time long before 
the white man came to make settlement within its bounds. 

Food. — The Indians of the Caddo and Wichita tribes 
generally lived in settled villages and cultivated the soil. 
The crops grown by them included corn, beans, pumpkins, 
melons, and tobacco. The Osages also cultivated small 
l>atches of corn and vegetables, but were more given to rov- 
ing than the others. All of these tribes depended upon the 
chase for part of their food. Their country abounded in 
game of all kinds, including the buffalo, elk. deer, antelope, 
opossum, raccoon, rabbit, hare, wild turkey, grouse and other 
animals and birds. To the Indians of all these tribes as well 
as to those of the roving tribes of the Plains who afterward 
came to live in Oklahoma, the buffalo was a most important 
animal. Its flesh was used for food ; from the skins, clothes, 



4 . History of Oklahoma 

moccasins, robes, ropes and tent or lodge covers were made ; 
aAvls and needles were made of bone; the stomach and en- 
trails w^ere used as vessels for carrying water, especially on 
the march, in the dry, treeless region. The Indians were 
skilled hunters, a stone-pointed arrow sometimes being shot 
from a bow entirely through the body of the buffalo. When 
a buffalo was killed the hide was cut open at the breast 
and pulled off at the joints, the Indians using a small flint 
knife, about as big as the finger, apparently with as much 
ease as if working with a modern steel-bladed knife. The 




LONE WOLF'S VILLAGE (KIOWA). BUFFALO SKIX LODGES, 
(From Photograph Made in 1872) 

flesh of the buffalo was cooked over the fire. The liver and 
the lining of the stomach were frequently eaten raw at the 
time the animal was killed. The meat of the buffalo, elk, 
deer, and antelope Avas preserved for future use by cutting 
or jerking into thin strips and drying in the sun. 

Shelter. — The Comanches, Kiowas and other Indians of 
the Plains lived in lodges or tepees, which were made by 
using a framework of poles drawn together at the top like 
a tripod and covered with buffalo skins. The Caddoes 
and Wichitas used similar lodges when on their hunting 
or visiting excursions, but in their settled villages they 

1—0. H. 



Aboriginal Oklahoma 5 

had large dome-shaped huts, the framework of Avhich con- 
sisted of posts and poles, covered and bound firmly to- 
gether with withes and brush and the whole neatly thatched 
with coarse grass. These grass houses, as they are called, 
are still in use by the Wichitas and Caddoes, who live in 
Caddo County, Oklahoma. In addition to the ordinary 
tepee, the Osages and kindred tribes built lodges by set- 
ting poles in the ground and bending and binding them 
together in such a way as to form a frame with a rounded 
top, which was then covered wdth skins or bark. In moving 




GRASS-THATCHED HOUSE OF THE WICHITA INDIANS 

a village or encampment of buffalo skin lodges from one 
place to another, the skins were first taken from the pole 
framework and rolled and tied in bundles. The ends of two 
lodge poles Avere then fastened to the collar of a dog (one 
on either side) with the ends trailing on the ground. A small 
package of robes, skins, dried meat or other belongings 
would then be fastened to the two poles behind the dog. 
Thus, in reality, that poor brute became a beast of burden 
and a most useful one, too. These dogs were the only do- 



6 History o^ Oklahoma 

mestic animals which the Indians owned until the coining 
of the white settlers made it possible for them to obtain 
horses. Their dogs Avere half-wild and, like the Eskimo dog, 
bore a strong resemblance to the wolf. 

Products. — In the preparation of the soil, planting seed 
and attending to the crops, rude hoes and spades were used. 
These were made of the shoulder blades of buffalo or other 
large animals and mounted on wooden handles. Men as 
well as Avomen w^orked in the fields and gardens, among the 
Caddoes and Wichitas. Among the Osages, who paid much 
less attention to agriculture, the work of planting and tend- 
ing corn and vegetables was left to the women. The Caddoes 
are said to have been the only native tribe that made pot- 
tery and baskets. 

Weapons of War and the Chase. — In the chase the In- 
dian hunters used the boAv and arroAV or the lance. In war 
they used these weapons and war clubs and stone hatchets 
as well, with shields or bucklers (made of the thickest part 
of the skin of an old buffalo), which w^ere used for protec- 
tion. The various tribes were often at Avar AAdth each other. 
Indeed, if one is to judge from the fact that practically all 
of the men of each tribe were knoAvn as Avarriors, it Avould 
seem that war must have been their chief business of life. 

The Coming of the Horse and its Effects. — BetAveen the 
time the Spaniards began to explore the region of AAdiich 
Oklahoma is a part, and the first appearance of French in 
the valleys of the Arkansas and Red rivers, the Indians of 
this region had secured horses, probably from the Spanish 
settlements in the valley of the Rio Grande. This resulted 
in a great change in the habits and disposition of the Indians. 
It greatly widened their field of operations and made pos- 
sible marauding forays into regions and at distances hith- 
erto out of reach. The buffalo herds Avere easier to find. 
The animals were killed Avith less exertion and the moving of 



Aboriginal Oklahuma 



surplus meat and skins and of larger lodges or tepees be- 
came a matter of much less moment. Tii time the Indians 
grew accustomed to 
estimating their 
wealth by the number 
of ponies owned. As 
the Indians of a given 
tribe thus roamed over 
a greater range of ter- 
ritory their opportuni- 
ties and temptations 
to become embroiled in 
wars increased. In- 
deed, horse stealing as 
well as scalp huntin,^ 
became one of their* 
ruling passions. The 
constant warring o f 
these tribes probably 
is accountable for the 
sparseness of the popu- 
lation of such a great 
area, though disease, especially smallpox, may have had 
much to do with preventing its increase. 

Physical Development and Disposition. — The warriors of 
some of the tribes of the Great Plains exhibited a less 
perfect muscular development than those of the tribes of 
the mountains and timbered regions. Their limbs were small 
and not well shaped, apparently having more sinew than 
muscle. This probably was caused by their almost constant 
use of the saddle. They wore their hair long, the scalp 
lock (i. e., a small portion of the hair growing on the crown 
of the head) being neatly plaited. The women were usually 
of short stature, but much nearer perfection in their muscu- 
lar development. The popular conception is that Indian 
women were almost uniformly treated as a lower order of 
beings, fit only to be the drudges and servants of the Avar- 




CHEYENXE GIRLS— 1872 



History oi^ Oklahoma 




BUFFALO SKIN LODGE OR TEPEE (CHEYENNE) 
(From Photo Made in 1872) 



Aboriginal Oklahoma 



9 



riors ; that they performed all of the labor such as cooking, 
sewing, dressing and tanning the skins of animals, carrying 
wood and water, taking down, packing and setting up the 
tepees when the village was moved, herding the ponies and 




KIOWA WARRIORS, 1872 



even saddling them at the behest of the head of the family, 
and that the men seldom exerted themselves except to hunt 
or to make war on their enemies. As a matter of fact, the 
Indian woman ruled her own household, had much leisure 
for amusement and was thoroughly contented with her lot. 



10 



History of Oklahoma 



As a rule, the warriors were insolent, vain and boastful, 
often lacking in both moral and physical courage, crafty, 
cruel and blood-thirsty, though instances of bravery and 
generosity were frequent. The w^omen were very indus- 
trious, devoted and ingenuous. Generally they were of a 
timid disposition. Beauty was not common among them but 
winsome faces Avere by no means infrequent. Their hands 
and feet w^ere well formed and the latter appeared most 
shapely indeed when encased in neat-fitting moccasins. 




WICHITA INDIAN VILLAGE AT RUSH SPRINGS IN 185' 
(After Marcy) 

Dress. — The summer attire of the warriors of the Plains 
tribes included only a breech-clout, moccasins and leggins. 
In winter they wore a buffalo robe (with the fur inside), 
which was wrapped around the body and covered the head. 
The summer costume of the w^omen included a buck-skin 
skirt, moccasins and leggins, to which a buffalo robe was 
added in winter. Infants were carried inside the robe on 
the mother's back. 

Adornment. — The Indians were fond of adornment. 
Their ornaments, though crudely fashioned, were generally 
picturesque and sometimes artistic. In their aboriginal state 
they used feathers, porcupine quills and shells; the teeth and 



Aboriginal Oklahoma 



11 



claws of animals were also largely employed. After the be- 
ginning of their intercourse with the white traders they used 
ornaments of glass, copper, bronze and silver. They were 
fond of bright colors and understood the art of extracting 
pigments from minerals and herbs. On state occasions, such 
as councils, dances, funerals, and when making war, they 
painted their faces and bodies with fantastic designs. The 
Wichitas also practiced the art of tattooing their faces. 




BARK COVERED LODGES 



Language. — Each tribe had its own dialect, though 
different tribes of the same linguistic stock had many words 
in common. Some of the Indian languages w^ere rich in 
words, but many of the Indians were accustomed to express 
much thought in few words. Each language had its own 
peculiarities of grammatical construction. The Indians were 
much given to the arts of oratory and story telling. Mem- 
bers of separate tribes having not a single word in common 
could readily carry on a conversation by means of the grace- 
ful and expressive sign language which was in vogue 
throughout the Great Plains region from the Rio Grande to 
and even beyond, the Canadian l)oundary. 



12 History oi? Oklahoma 

Tribes and Bands. — The subdivision of tribes into bands 
was largely a matter of personal choice with the individuals. 
There were only occasional marriages between members of 
different tribes. Prisoners who were not tortured or killed 
were adopted and absorbed into the tribe. The nominal ruler 
of a band was the chief, though the real poAver was vested 
in the council of elders and headmen, which sat as the sole 
arbiter in most matters of policy. The authority of the 
chiefs was usually that of persuasive influence rather than 
absolute power. The position of chief was generally, though 
not always, elective. Some of the tribes had both civil 
chiefs and war chiefs. 

Crimes and Punishments. — Most crimes had penalties 
that could be met or satisfied by the payment of a price, 
which, within the historic period, was usually payable in 
ponies. Murder was usually punished by death, a relative 
or friend of the victim acting as executioner. 

Traditions. — Tribal history in the form of myths and 
traditions was carefully preserved and recited from time to 
time. Many of the tribes had crude systems of picture writ- 
ing by means of Avhich great events in tribal historj^ were 
recorded upon tanned buffalo or deer skins. 

Religion.— The Indians of all the tribes of the South- 
west believed in the Good Spirit or ''Master of Life" and 
in an Evil Spirit. They believed also in a future state of 
life and professed to be able to see God in many forms 
of nature. They called the sun their "father" whence came 
all light, and the earth their "mother" from whom came 
all the provisions to supply the wants and necessities of 
their bodies. Their "medicine men," so-called, were in 
reality priests and sorcerers, and what they termed "medi- 
cine" meant mystery, sorcery, or supernatural manifesta- 
tions, as well as prepared herbs. Naturally superstitious, 
they were easily led and influenced by the audacious claims 
and mysterious incantations of the "medicine man." 



FIRST PERIOD 

(1541-1803) 



SPANISH AND FRENCH EXPLORATIONS. 

The Spaniards in America. — After the discovery of 
America by Columbus, in 1492, nearly fifty years passed 
before any explorers pushed their way inland from the coast 
of the United States. In the meantime, the people of Spain 
had been exploring the AVest India Islands, Mexico, Central 
and South America, where they made settlements. The 
first of these settlements, or colonies, were planted in the 
West India Islands — in Cuba, Porto Rico and Santo Do- 
mingo. Many of the Spaniards of that day were eager for 
the adventures with which they were sure to meet in ex- 
ploring a strange, new country. All of them longed for 
wealth which they believed to abound in the unknown re- 
gions of the great continent to the west of them. 

Early Spanish Explorers. — Ponce de Leon (pon'-sa-da- 
la'-on) headed an expedition to Florida, in 1513, where he 
hoped to "find a mythical fountain whose waters were said 
to possess the magic power of restoring youth to the aged. 
In 1519, Fernando Cortez (fer-nan-do kor'-tas) landed on 
the eastern coast of Mexico at the head of a small army of 
Spaniards with which he conquered that country and se- 
cured a great deal of gold. Narvaez (nar-va-ath) with a 
force of 400 men visited the Gulf coast of the United States. 
This venture ended in disaster, only four members of the 
exploring party surviving to reach the Spanish settlements 



14 



History of Oklahoma 



in Mexico. The tales told by these survivors led to the 
undertaking of new exploring expeditions northward from 
Mexico. The most important of these was that which, under 
the command of Francisco de Coronado (fran-ces-co da ko- 
ro-na-tho) passed across Oklahoma in 1541. 

Coronado 's Expedition. — With a force of 300 Spanish 
officers and soldiers, accompanied by 1,000 Indians, Coron- 
ado marched northward into New Mexico in 1540. Instead 
of the rich cities which had been vainly pictured b}^ the 



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CUllUNADU'S MAiiUil 

golden dreams of the Spaniards, Coronado found only hum- 
ble, mud-walled Pueblo Indian villages, in which there was 
no gold. After spending the winter in the valley of the Rio 
Grande, Coronado marched with his little army in search 
of the mythical land of Quivira, where gold was said to 
a])ound. His course led eastward across the Texas Pan- 
liaiidh' into what is now Oklahoma: thence northward and 



Spanish and Frdncii Kxplorations 



15 




ROUTE TRAVERSED BY CORONADO 



IQ History of Oklahoma 

northeastward into Kansas, whence he returned by a more 
direct route to the Kio Grande. Thus it was that, in 1541, 
the region now known as Oklahoma w^as first visited by 
white men. 

Other Spanish Explorers. — After Coronado's time there 
were other Spanish expeditions which extended their ex- 
plorations into or across the country which is now called 
Oklahoma. Most of these Avere merely in search of gold or 
adventure and no attempt was made to plant any settlements 
or colonies. 

The French in America. — The first French settlements 
in America were made in the valley of the St. Lawrence 
River, in Canada, about the same time the English were 
planting their first colonies on the Atlantic coast. From 
their settlements on the St. Lawrence the French extended 
their explorations further inland, first to the region of the 
Great Lakes and then to the valleys of the Mississippi and 
its principal tributaries. New Orleans was settled in 1717 
and the country now known as Oklahoma was claimed as a 
part of Louisiana from that time on. 

French Explorers in Oklahoma. — The first French ex- 
plorers entered Oklahoma on the valleys of the Arkansas 
and Red rivers. Bernard de La Ilarpe (bar'-nar da la-iirp) 
ascended the Red River from Louisiana, in 1719, in command 
of an exploring party which visited Southern Oklahoma. 
Two years later, in 1721, La Harpe led another party of 
French from Louisiana with which he explored the Arkansas 
River as far up as the mouth of the Canadian River, making 
the journey in canoes. 

The French Trappers and Traders. — Within a short time 
after the exploration of the rivers of Eastern Oklahoma, 
trappers and traders in search of furs began to visit that 
region. They generally kept close to the navigable streams, 
as they always traveled and carried their belongings in 
canoes. They were engaged in trapping beaver, otter, mink 
and other fur-bearing animals and also in trading trinkets 
to the Indians for furs and peltries. 



Spanish and Frkncii Explorations 17 

The French Indian Policy. — It was the constant aim of 
those in authority in the French colonies in America to 
treat the Indians kindly and hold their confidence and good 
will. The English and Spanish colonists, on the other hand, 
very generally treated the Indians as inferiors, often show- 




AMERICAN BUFFALO OR BISON 

ing neither the spirit of generosity nor that of justice, but 
rather one of harshness. The French policy of friendliness 
proved to be a wise one. It paid in a business way, for the 
French traders were more prosperous than those of the Eng- 
lish or Spanish colonies. It rendered wars between the 
French and the Indians much less frequent than those be- 
tween the Indians and the colonists of England and Spain, 
and caused the Indians to remain firm in their friendship 
to the French in time of war with the colonies of those na- 
tions. 



18 



History of Oklahoma 



French and Spanish Rivalry. — From the time of the first 
appearance of French explorers in the valley of the loAver 
Mississippi, the Spaniards of Mex- 
ico manifested a spirit of intense 
jealousy. The activities of the 
French in exploring the region 
west of the Mississippi and in cul- 
tivating the friendship of the In- 
dians aroused a warlike spirit in 
the Spanish colonies. Although 
the French settlements along the 
Mississippi were nearly a thou- 
sand miles from their own settle- 
ments in the valley of the Rio 
Grande, the Spanish governors 
and people were not willing to share with the French the 
ownership of the great wilderness lying between them, so 
several clashes occurred between their forces. 




THOMAS JEFFERSON 



Louisiana Changes Owners. — At the close of the Frencli 
and Indian War, in 1763, when France gave up Canada to 

Great Britain, the province of 
Louisiana ceased to be a French 
possession, having been formally 
ceded to Spain by the King of 
France to keep the British from 
taking it. During the next thirty- 
seven years Louisiana belonged to 
Spain, though its people, language 
and customs continued to be 
French. On October 1, 1801, Na- 
poleon Bonaparte compelled the 
King of Spain to give Louisiana 
back to France, though he had to 
keep the transaction secret lest 
Great Britain, which was then at 
war with France, might at once seek to take it by force 
of arms. Finally, concluding that the ownership of such a 




NAPOLEON BONAPARTE 



Spanish and Fri^ncii Explorations .11) 

distant colony would be difficult to defend, Napoleon entered 
into a deal for the sale of Louisiana to the United States of 
America, the contract for such sale being formally signed 
May 2, 1803. Thus all the present state of Oklahoma ex- 
cept that part embraced in the present counties of Beaver, 
Texas and Cimarron (which was then a part of the Spanish- 
Mexican domain) became American territory. 

Indian Wars. — The only Indian wars that touched the 
Oklahoma country during this period of wliich there is 
any record were those which occurred between the Span- 
iards of the Rio Grande Valley and the Comanches who 
roamed over the Plains of Western Oklahoma. These In- 
dians made war on the Spanish settlements very frequently, 
their principal object being plunder. After the Indians se- 
cured horses from the Spaniards and learned to use them, 
they could go much farther and faster on their warlike raids 
than they could do when they had to journey on foot. For 
this reason the Spanish settlements in New Mexico lived in 
constant dread of the raiding Comanches. 

The First Trading Post. — About the year 1796, a trading 
post was established by the Chouteaus (shii-to) of St. Louis, 
on the east bank of the Grand (or Neosho) River. This trad- 
ing post, which was situated near the present town of Sa- 
lina, in ]\Iayes County, was the first white settlement in 
Oklahoma. 

Summary. — The first period in the history of Oklahoma 
covers over 260 years. The Frenchman and the Spaniard 
saw all sides of Oklahoma, but they left little to show for it 
except the meager records of their explorations. Our in- 
terest in them and in their explorations lies in the fact that 
they visited and beheld the country which we now call our 
own. We are often reminded of them by names Avhich still 
appear on the map of Oklahoma bestowed by them upon 
certain streams and mountains. Their records served only to 
guide the men of another race and speech who were to come 
later. To us, the one great event of the period is the pur- 
chase of Louisiana, wherebj^ the vast region in which Okla- 
homa is included became a part of the American republic. 



20 History oi^ Oklahoma 



SUGGESTIVE QUESTIONS 
First Period. 

1. To what nationality did the first white men who explored 
Oklahoma belong! From what direction did they come? How did 
they travel? 

2. When did Coronado start to search for Quivira? What in- 
duced him and his men to undertake such a journey? What part 
of Oklahoma did Coronado 's expedition traverse? 

3. Who was the first French explorer to visit Oklahoma? 
AVhat rivers did he explore? How did his party travel? 

4. In what business or occupation did the first French settlers 
of the Mississippi Valley engage? How did the French settlers 
treat the Indians? Why was that the wise course to pursue? 

5. How far were French colonies in the Mississippi valley 
from those of Spain in New Mexico? Why were the Spaniards 
jealous of the French? 

6. How did the acquisition of horses affect the Indians? 

7. Of what French colony or province was Oklahoma claimed 
to be a part? What happened to the province of Louisiana in 1763? 
When did Louisiana again become a French possession? Who was 
at the head of the French government at that time? 

8. When was the first trading post established in Oklahoma? 
By whom was it established? Where was it located? 

9. What did the French consul do with the province of 
Louisiana? Who was president of the United States when this deal 
was consummated? 



SECOND PERIOD 

(1803-1825) 



AMERICAN OCCUPATION. 

Oklahoma in the United States. — The Louisiana country 
was formally delivered to the representatives of the United 
States Government in 1803 and 1804 — New Orleans, Decem- 
ber 20, 1803, and St. Louis, March 10, 1804— but it was 
more than two years before any of the country which is now 
known as Oklahoma was visited by officials of the Govern- 
ment. Within the twenty years following, however, Okla- 
homa was visited by several exploring expeditions and 
within its limits there were planted two military posts, or 
forts, which were garrisoned by United States soldiers. 
There were also several fur trading posts and at least one 
missionary station established during that period. 

The Sparks Red River Expedition.— In May, 1806, a 
small force, consisting of twenty soldiers and four civilians, 
under the command of Capt. Richard Sparks, attempted to 
ascend the Red River, from Louisiana, in boats. It was the 
purpose of the expedition to visit the country of the Pawnee 
Pique (Wichita) Indians. Unfortunately, just about the 
time that Captain Sparks and his little band of explorers 
reached the southeastern part of the present state of Okla- 
homa, they were met by a large force of Spanish troops 
under the command of Capt. Francisco Viana (fran-ces'-co 



22 History of Oklahoma 

ve-a'-na) which opposed further progress, so the expedition 

had to be abandoned. 

The Sparks Expedition was only a part of a general scheme for 
the exploration of the newly acquired Louisiana country. Almost 
simultaneous with it were the expeditions of Lieut. Zebulon Mont- 
gomery Pike in the valleys of the Kansas and Arkansas rivers, 
and of Captains Meriwether Lewis and William Clark, whose little 
band of intrepid explorers ascended the Missouri to its source, 
crossed the continental divide and descended the Columbia to its 
mouth, and then returned in safety, though enduring great hardships. 

Wilkinson's Descent of the Arkansas. — Late in the sum- 
mer of 1806 an expedition under the command of Lieut. 
Zebulon M. Pike, left St. Louis to explore the regions of 
the Great Plains and the Rocky Mountains. After visiting 
the Osage and Kansas Indians in Missouri and Eastern Kan- 
sas and the Pawnee Indians on the Republican River a short 
distance south of the Kansas-Nebraska boundary, the expe- 
dition marched in a southwestward course until it reached 
the great bend of the Arkansas River, in Central Kansas. 
At that point, Lieut. James B. Wilkinson was detached from 
the main command Avith five enlisted men for the purpose 
of descending the Arkansas. This little party made the trip 
down the river in the late fall and early winter,^ arriving 
safely at the settlements along the lower course of the Ar- 
kansas. 

WILKINSON ON THE ARKANSAS/ 

Lieut. James B. Wilkinson was a son of Gen. James Wilkinson, 
who was in command of the Western Department of the • United 
States Army at that time. General AVilkinson was more or less 
implicated in the plans and schemes of Aaron Burr, so the trip of 
his son down the valley of the Arkansas through Southern Kansas 
and Northeastern Oklahoma, at that particular time and under 
General Wilkinson's direction, was perhaps doubly significant. 

The Wilkinson party constructed two small canoes, one by hol- 
lowing out a Cottonwood log and the other by stretching buffalo and 
elk skins over a frame-work of poles, and in these they launched 
forth October 28, 1806. The weather w^as very cold at the time. 
The boats had to be abandoned on account of shallow water and 
sand bars at the end of one day's effort. The party then traveled 
on foot down the river bank for several days. Near where the city 
of Wichita, Kansas, now stands, two more canoes were built by 
hollowing out cottonwood logs. In these the party continued the 
journey down the river to its mouth. 

Lieutenant Pike planned to explore the source of the Bed Kiver 
on his way back to the states, but he was arrested in the mountains 



American Occupation 



23 




of Northern New Mexico by the Spanish authorities and was re- 
turned to the United States by way of Texas and Louisiana. 

Other Explorations. — George C. Sibley, U. S. Indian 
agent at Fort Osage, on the Missouri, visited the salt plains 
of the Cimarron and the Salt Fork 
(Nescatunga) and explored the 
surrounding region in 1811. In 
1819, Maj. William Bradford, 
with a company of soldiers, ex- 
plored the valleys of the Poteau 
and Kiamitia rivers in Southeast- 
ern Oklahoma. In 1820, the ex- 
ploring party under Maj. Stephen 
H. Long, returning from the 
Rocky Mountains, passed east- 
ward across Oklahoma, the line of 
march being bet-ween two branches 
of the Canadian River. george c. sibley 

Boundary Dispute Settled. — February 22, 1819, a treaty 
was made between Spain and the United States whereby 

the dispute as to the boundary 
between the Spanish possessions 
in Mexico (including Texas at 
that time) and the Louisiana 
country (which had been pur- 
chased from France by the United 
States) was finally settled. The 
channel of the Red River west- 
ward from the 94th meridian to 
the 100th meridian, thence follow- 
ing the latter meridian northward 
to the Arkansas River, formed a 
part of the boundary. The bound- 
ary thus fixed still marks the divi- 
sion between the states of Oklahoma and Texas except the 
line which bounds Beaver, Cimarron and Texas counties 
on the south. 




MAJ. S. H. LONG 



24 



History of Oklahoma 



Tecumseh in Oklahoma. — In the early part of 1811, Te- 
cumseh, the great war chief of the Shawnees, visited the 
Osage Indians in Northeastern Oklahoma and tried to secure 
their help in combining all of the Indian tribes to resist the 
further advance of the white settlers. The Osages were 
greatly impressed by the eloquent words of Tecumseh, but 
they declined to join his movement to fight the white man. 

The First Military Posts.— In 1817, the Government 
established a military post at Belle Point, a picturesque spot 
immediately below the mouth of the Poteau River and 




OFFICERS' QUARTERS, FORT GIBSON 



therefore adjoining the eastern boundary of the present 
state of Oklahoma. This post was named Fort Smith. 
Seven years later, in April, 1824, Col. Matthew Arbuckle, 
of the 7th U. S. Infantry, selected the site of another military 
post on the eastern bank of the Grand (or Neosho) River 
and a short distance above its mouth. This post was named 
Cantonment Gibson. A month later, the site for still another 
military post was selected by Colonel Arbuckle in the valley 
of the Kiamitia a few miles above its mouth. This post was 
called Cantonment Towson. 



American Occupation 25 

Cantonment Gibson later became known as Fort Gibson. It was 
named for Col. George Gibson, at that time and for many years 
afterward at the head of the subsistence department of the U. S. 
Army. It was a garrisoned post almost continuously for nearly 
seventy years. The original post consisted of hewed log buildings 
surrounded by a palisade of logs set on end in the ground and loop- 
holed for defensive fire, with log block-houses at the corners. This 
post was situated in the valley, close to the river bank. Subse- 
quently the building of a new post was undertaken and the few 
remaining buildings are those of frame and stone which stand on 
Garrison Hill, overlooking the site of the first post. It was long 
the station of the regimental headquarters, was situated near the 
agencies of the Cherokee, Creek, Choctaw and Osage tribes of Indians 
and was a center of social as well as official life in the Indian Ter- 
ritory. Visitors to the Indian country never failed to call at Fort 
Gibson. Many noted men of the last century were guests within its 
hospitable quarters. Among these might be mentioned Washington 
Irving, George Catlin (the painter of Indian portraits and scenes), 
John Howard Payne (the author of ^'Home, Sweet Home"), and 
J. M. Stanley (artist). Among the noted military men who were 
stationed there as officers at various times might be mentioned Jef- 
ferson Davis, David Hunter, Philip St. George Cooke, Stephen 
Kearney, Edwin V. Summer, Braxton Bragg, D. H. Eucker and 
others whose names were destined to be known to fame. The 
Cherokee Indians long objected to the maintenance of a military 
post in their widst and, finally, in 1857, it was abandoned and the 
garrison was withdrawn. It was re-occupied during the Civil War, 
first by the Confederate forces and afterward by those of the Federal 
Army, eventually becoming the center of Union operations for the 
surrounding region. Fort Gibson was finally abandoned as a military 
station in 1891. The town of Fort Gibson, which is the oldest con- 
tinuous settlement in Oklahoma, occupies the site upon which the 
post was built. 

Indian Wars. — Although other parts of the United 
States had Indian wars, especially between 1811 and 1815, 
the only Indian war in Oklahoma during this period, of 
which there is any record, was the one between the Osage 
Indians and the Cherokees of Arkansas. 

First Indian Mission and School Established. — In 1820 a 
mission and school was established for the Osage Indians in 
the valley of the Grand (or Neosho) River, near the town 
of Chouteau, in Mayes County. It was under the patronage 
and control of the United Missionary Society and was called 
the Union Mission. This was the first missionary station 
and the first school in Oklahoma. This mission was operated 
until 1836. 

Arkansas Territory Organized. — The territory of Ar- 
kansas was created by act of Congress, March 2, 1819. Its 



26 History of Oklahoma 

limits included not only all of the present state of Arkansas, 
but also nearly all of Oklahoma as far west as the 100th 
meridian. 

Arkansas Jurisdiction. — That part of Oklahoma north of 36° 
30' was not included in the territory of Arkansas. At different times 
between 1819 and 1829, the territorial legislative assembly of Arkan- 
sas defined the boundaries of counties in the wilderness which was 
afterward included in the limits of the Cherokee, Creek and Choctaw 
nations. 

The Migration of the Indian Tribes. — There were several 
causes which brought about the removal of the Indian tribes 
from their old homes, east of the Mississippi River, to 
the western wilderness which afterAvard became known as 
the Indian Territory. In the first place, many of the Indians 
had become so dissatisfied with the white settlers, who were 
crowding about them on all sides, that they were not only 
willing but anxious to move to a place where they would 
be free from such surroundings. Then, too, the Government 
wished to have the Indians located where their affairs could 
be managed with the least possible interference from trouble- 
some white people. Finally, the missionaries, who were 
laboring to convert the Indians to Christianity and to help 
them to adopt the ways of civilization, urged that the In- 
dians be taken so far into the wilderness that they would 
be beyond the reach and unwholesome influence of dishonest 
white traders and whiskey sellers who were the cause of 
so much of the trouble and unhappiness of the Indians. For 
these reasons, the Government undertook to secure treaties 
with the Indians whereby they would agree to remove west 
of the Mississippi. There were a number of treaties entered 
into between the Government and the Cherokee, Choctaw, 
Chickasaw, Creek and Seminole tribes between 1825 and 
1835 for this purpose. 

The Fur Trade. — The fur trade continued much as it 
had been during the latter part of the previous period. How- 
ever, American traders began to come in and compete with 
the Creole French traders who had so long controlled the 
trade of this entire region. 



American Occupation 27 

The First Indian Reservation in Oklahoma. — By the 
terms of the first treaty for the removal of the Choctaw In- 
dians, October 20, 1820, they were to give up all their tribal 
lands in Mississippi and in return were to receive a grant 
of all the lands lying between the Canadian and Red rivers 
in the western part of the (then) territory of Arkansas. 
This was the first tract set aside as an Indian reservation 
within the limits of the present state of Oklahoma. 

Summary. — This period in the history of Oklahoma was 
largely devoted to exploration by Americans. This, together 
with the establishment of several military posts and new 
trading stations and one mission helped to pave the way for 
the settlement of the tribes from east of the Mississippi 
which was soon to follow. There were no Indian wars of 
consequence in Oklahoma during this period, though Te- 
cumseh endeavored to incite one. 



28 History o^ Oklahoma 



SUGGESTIVE QUESTIONS 
Second Period. 

1. Who was the first American to attempt to explore Oklahoma? 
Why did he turn back without completing his mission? 

2. Who descended the Arkansas Eiver in 1806? What part of 
Oklahoma did he pass through in the course of his journey? What 
other explorers visited Oklahoma during this period? 

3. When was Fort Smith established? Fort Gibson? Fort 
Towson? Give the location of each of these posts. 

4. When and how was the western boundary of Oklahoma de- 
termined? What foreign nation claimed the territory that bordered 
upon Southern and Western Oklahoma at that time? 

5. For what tribe of Indians was the first mission and school 
established in Oklahoma? When and where was it established and 
what was it called? 

6. What can you tell of the fur trade in Oklahoma during this 
period? Did the French traders continue to control the fur trade? 

7. What noted Indian leader visited Oklahoma in 1811? For 
what purpose did he come? Did he succeed? 

8. When vfUf it first proposed to establish an Indian Territory? 



THIRD PERIOD 

(1825-1840) 



INDIAN MIGRATION FROI\I THE EAST. 

The Santa Fe Trail.— By an act of Congress which was 
approved March 3, 1825, the president of the United States 
was authorized and directed to cause a road to be marked 




A STEAMBOAT OF THE TYPE IN USE ABOUT 1830 

out from a point on the Missouri River to the Spanish set- 
tlements in New Mexico. The work of locating, surveying 
and marking the proposed road was performed during the 
years 1825-6-7. For a distance of about fifty miles this 
road, or "trail," as it was more commonly called, passed 
over Oklahoma soil, entering Avhat is now Cimarron County 
from the north and running in a general southwestwardly 
direction across that county. 



30 



History of Oklahoma 



The First Steamboat. — The first steamboat that entered 
the waters of the Arkansas River in the Indian Territory 
was the "Facility," Avhich, under the command of Captain 
Philip Pennywit, ascended that stream as far as Fort Gibson 
in 1828. From that time on, Fort Gibson was visited regu- 
larly by one or more steamboats each year. 

The Cherokee Nation. — By the terms of the treaty be- 
tween the Government and the chiefs and head men of the 
Western Cherokees (i. e., those who had moved west of the 




route of WASHINGTON IRVING'S TOUR OF THE PRAIRIES, 1832 



Mississippi and who were then living in Arkansas), May 6, 
1828, it was proposed to settle the entire Cherokee tribe on 
a new reservation west of Arkansas Territory. 

The Chickasaw and Seminole Treaties. — In 1832, the 
Seminole Indians, of Florida, and tlie Chickasaw Indians, 
of Mississippi and Tennessee, were induced to agree to re- 
move to new reservations in the region west of the Missis- 
sippi. 



Indian Migration from the East 



31 



An Indian Territory to Be Established. — An act of Con- 
gress, approved IMay 26, 1830, provided for the establishment 
of an Indian Territory. By its terms, the president of the 
United States was authorized to select from the public lands 
a tract not included in any organized state or territory and 
not belonging to other Indian tribes and to cause the same 
to be set aside for division into a suitable number of districts 
or reservations to be given to Indian tribes in exchange for 
lands in the states east of the Mississippi which they might 
be willing to give up and leave. Although no formal action 
was taken by the president, the country immediately west 
of the state of Missouri and the territories of Arkansas and 
Iowa became known as the Indian Territory. 

Washington Irving 's Visit. — In the autumn of 1832, a 
company of rangers marched westward from the Osage 
Agency (which was a few miles above Fort Gibson), crossed 
the Arkansas just above the mouth of the Cimarron, forded 
the latter a few miles below Guthrie and crossed the North 
Canadian in the vicinity of Oklahoma City. Washington 
Irving, the distinguished author and traveler, accompanied 
the expedition as an interested 
witness of wilderness sights and 
scenes. He afterward embodied 
his experience and observations of 
an outing in Oklahoma in a charm- 
ing narrative entitled, ''A Tour 
of the Prairies." 



The Leavenworth Expedition.— 

An important expedition was or- 
ganized at Fort Gibson in the sum- 
mer of 1834. It was undertaken 
for the purpose of seeking to gain 
the friendship of the Comanche, 
Kiowa, Wichita and other tribes 
of Indians which roamed in the region of the Wichita Moun- 
tains. The expedition was organized under the command 
of Gen. Henry Leavenworth and was accompanied by Gov. 




HENRY LEAVENWORTH 



32 



History of Oklahoma 




Indian Migration from run East 33 

Montfort Stokes, who was acting as a peace commissioner 
for the Government. The expedition went far into an almost 
unexplored wilderness, visiting the village of the Wichita In- 
dians on the North Fork of the Red River and meeting with 
the Indians of the other tribes. Upon its return to Fort 
Gibson, delegations from several tribes accompanied it for 
the purpose of attending a grand peace council. 

Continued Migration of Indians. — Although reservations 
had been assigned to the Cherokee, Choctaw and Creek 
tribes in the Indian Territory, to which many of their people 
had already moved, the greater part of these tribes did not 
move from their old homes east of the Mississippi until after 
1835. Most of the Creeks came west in 1836. The Chick- 
asaws purchased an interest in the Choctaw reservation in 
1837 and, shortly afterward, began to move westward. 
A majority of the Cherokees refused to leave their old homes 
in Georgia and Tennessee and had to be removed by force 
in 1836. The people of all of these tribes were strongly 
attached to their old homes. Many if not most of them were 
compelled to move away to a strange and distant country 
against their own will and wish. They underwent great 
hardship and suffering during the course of their journeys 
to the West. The history of the removal of the Indians of 
these tribes to the West is a sad one. Another band 
of Cherokees, which had been living in Texas for many 
years, was driven out of that country and came to the north 
to settle with the main body of the tribe shortly after the 
arrival of the Eastern Cherokees. The bitter feeling be- 
tween the Cherokees who had favored the removal treaty 
and those who had opposed it remained for years. 

Slavery Introduced into Oklahoma. — The Indians of the 
tribes from the South had adopted many of the habits and 
customs of their white neighbors in the states east of the 
Mississippi. As the ownership of negro slaves was lawful 
in all of those states from which these tribes had moved, 
many of them had become slave owners. When they moved 



34 History of Oklahoma 

to their new reservations in the Indian Territory, they 
brought their slaves with them. 

Indian Wars. — The Indian wars in the Indian Territory 
during this period were feAV and not of much importance. 
Most of them were between Indians of the tribes who had 
moved from the East, on the one side, and those of the 
tribes which were native in this part of the country, on the 
other. In nearly every case the Government induced the 
members of the various tribes to cease from warfare against 
each other and to live as friends. 

New Military Posts. — Two military posts were estab- 
lished during this period, Fort Coffee, in the Choctaw Na- 
tion, on the Arkansas River, in 1834, and Fort Wayne, in 
the northeastern part of the Cherokee Nation in 1838. 

The Fur Trade. — The coming of the Indians of the civ- 
ilized tribes into the eastern part of Oklahoma soon caused 
the fur traders to leave their old trading posts in that sec- 
tion of the country and led them to build new posts further 
west. Besides the trading posts of the big fur companies 
and their agents, there were many independent traders Avho 
went out on the Plains with a few pack animals loaded with 
knives, colored cloths, trinkets and other wares suitable for 
trading. These were exchanged for furs, buffalo robes and 
other articles to be had in the camps of the wild Indians. 

Early Progress. — The Indians who moved to Oklahoma 
from east of the Mississippi between 1825 and 1840 were al- 
ready well on the way toward civilized life. They therefore 
began to prosper in their n^w homes after they became set- 
tled once more. They raised small fields of corn, wheat and 
cotton and kept large herds of live stock, including horses, 
cattle and hogs. Their government agents and the mis- 
sionaries, who had come to labor among them, tried to en- 
courage them to adopt all the ways of civilization. Some 
of the traders, on the other hand, wanted these Indians to 
abandon the ways of civilization and live altogether by 
hunting and trapping. They lived plainly, their fields and 



Indian Migration from the East 



35 



herds and the game that abounded in the forest and on the 
prairie supplying most of their needs. With but few excep- 
tions their homes were built of logs. As a tribe, the Chero- 
kees were the most progressive. This was largely due to 
the fact that the writing and printing of their language 
had been made possible by the invention of the Cherokee 
alphabet by Sequoyah. 




SEQUOYAH 

PROSPEROUS INDIANS 

The Western Cherokees, who had already been living in the 
Indian Territory for some years before the arrival of the main body 
of the tribe from east of the Mississippi, had so many horses, cattle 
and hogs at the time of the migration of the remainder of the 
tribe that the Government was enabled to purchase from them 
enough animals for the use of the new comers in stocking their 
farms. 

While most of the Indians of the tribes from the East were 
engaged in farming and stock raising, a few of them became mer- 
chants and others became wandering traders among the wild tribes 
of the Plains. Some of the Cherokee Indians seem to have been 
engaged in river traffic by means of flat boats on the Cumberland 



36 History of Oklahoma 

and Tennessee before they came West. They still kept up an active 
interest in such affairs, which is evident from the fact that, as early 
as 1837, they owned and operated a fine steamboat which plied be- 
tween their country on the Arkansas and the lower Mississippi to 
New Orleans. 

Tribal Constitutions. — The Cherokees had a tribal constitution 
which had been formally adopted in 1827. It was republican in 
form, having legislative, judicial and executive departments. This 
Cherokee constitution is said to have been modeled after that of the 
state of Mississippi and, in turn, it served as a model for the con- 
stitutions of the Chickasaw, Choctaw and Creek nations. 

SEQUOYAH. 

Sequoyah, or George Guess, was born about 1760, being the son 
of a white father and a Cherokee mother. There is a tradition to 
the effect that his father was Nathaniel Gist, son of Christopher 
Gist, the North Carolina scout who accompanied George Washington 
on his memorable mission to the French posts on the Allegheny, in 
1753, the story running that Nathaniel Gist was captured by Chero- 
kee Indians at Braddock's defeat on the Monongahela and kept as 
a prisoner among them for many years. This has never been estab- 
lished as a fact, however, and it is more probable that his father 
was a German peddler from one of the Moravian settlements of the 
adjacent region in Carolina. 

Sequoyah grew up ignorant and untutored. When young he was 
unable to speak or understand English and, even in later life when 
signing his name to a document in English, he merely made his mark 
as any illiterate would. When he first saw books at the mission 
schools he was informed that the characters represented the words 
of the spoken language. Not understanding how this was done, he 
attempted to make characters of his own for the Cherokee language. 
At first he undertook to make a separate character for each word, 
but finding that impracticable, he reduced his invention to a system 
by making a separate character, or letter, for each possible syllable 
in the language and one for the letter ''s." In all, he had eighty- 
five characters or letters in his alphabet. He was enabled to teach 
this syllabic alphabet to any Cherokee, old or young, within three 
weeks. Types of the new alphabet were cast and books and news- 
papers were printed in the Cherokee language. As a result, the print- 
ing of books and pamphlets for the Cherokee Indians in Eoman 
text ceased, save when the English language was used. 

Sequoyah was greatly honored by his people and his memory is 
revered by them to this day. He first visited the Western Chero- 
kees, in Arkansas, in 1822. The next year he moved west and re- 
mained. He was a leader of the Western Cherokees (Old Settlers) 
at the time of the migration of the Eastern Cherokees in 1838-9. 
He died in 1844 while on a hunting and exploring excursion to New 
Mexico and was buried near Taos, in that state. 

Summary. — The story of the removal of the Indian 
tribes from the southern states and their settlement in the 
Indian Territory will always be one of thrilling interest, not 
alone to their descendants but to the American people 

3—0. H. 



Indian Migration i^rom tiik East 37 

generally. The tales of the deeds of pioneers always fas- 
cinate us, but the pioneering stories of no state have sur- 
passed those of the Indian Territory in heroic, pathetic and 
tragic interest. That period of the history of Oklahoma may 
furnish inspiration for the artists, musicians and poets of 
generations yet unborn. 



SUGGESTIVE QUESTIONS 
Third Period. 

1. When and by whom was the Santa Fe Trail located'? What 
part of Oklahoma did it traverse? Tell briefly the story of the 
Santa Fe Trail and its importance in the early history of the South- 
w^est. 

2. When did the first steamboat reach Fort Gibson? What 
was the name of the steamboat? The name of its captain? 

3. What noted author visited Oklahoma in 1832? What inter- 
esting book tells the story of his trip? 

4. When did Congress pass an act providing for the establish- 
ment of an Indian Territory? What Indian treaties were made 
shortly afterward? 

5. Tell the story of General Leavenworth's expedition. What 
tribes of Indians were visited? What veteran of the American Eevo- 
lution accompanied the expedition? What noted painter of Indian 
portraits? 

6. What tribes migrated to Oklahoma during this period? From 
what part of the United States did they come? What tribe joined 
the Choctaws? 

7. When was slavery introduced into the Indian Territory? By 
whom was it introduced? 

8. Where did the fur traders operate in the Indian Territory 
during this period? What other traders were there besides those 
who owned and operated trading posts? 

9. Tell what you can about the life, occupation, customs and 
prosperity of the immigrant tribes. 



History of Oklahoma 





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K 


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xtzzur/z/zt^s ffz/y' /f/ ^/. 



FOURTH PERIOD 

(1840-1860) 



AN p:ra of peaceful development. 

The Great Floods of 1«44.— The year of 1844 was a 
memorable one in the Indian Territory as elsewhere through- 
out the West on account of the great floods which prevailed. 
In addition to the annual "June rise," which was due to 
the melting of snow in the mountains about the sources of 
the rivers, there was a season of unusual rainfall through- 
out the region of the Great Plains. All of the rivers in the 
Indian Territory overflowed their banks, causing great de- 
struction of property and some loss of life. 

Overland Trade and Travel. — During the summer of 
1850, Lieut. J. H. Simpson surveyed and laid out a road 
from east to west across Oklahoma. From the Arkansas 
River the road followed the north bank of the Canadian to a 
point near Chouteau's trading post, in Avhat is now the south- 
ern part of Cleveland County. Thence it followed the south 
bank of the Canadian to a point in the northern part of 
Caddo county, whence it crossed over to the valley of the 
Washita. After following the valley of that stream for some 
distance it re-entered the Canadian valley in Roger Mills 
County. Another overland trail, known as the Texas Road, 
came to be much used for travel and freighting during this 
period. Originally it was part of a military road leading 
from Fort Scott (Kansas) to Fort Gibson. From Fort Gib- 
son to the Red River it folloAved the trail which was first 
marked out by the Leavenworth expedition in 1834, passing 
through Boggy Depot. 

Indian Trade. — Trade among the Indians of the civilized 
tribes was not greatly unlike that of the country merchant 



40 History oi? Oklahoma 

of that period in other parts of the country. Trade among 
the Indians of the wild tribes of the Plains was a profitable 
business, although there was often much risk in it. 

Growth of Slavery. — With the increase of wealth among 
the Indians of the civilized tribes, the owning of negro slaves 
also increased. Most of the slave owners in the Indian Ter- 
ritory w^ere Indians of the mixed-blood class. Some of these 
owned large plantations upon which many slaves were 
worked. 

The Texas Cession. — On November 25, 1850, the state of 
Texas withdrew its claim to the ownership of lands lying 
north of 36° 30' north latitude. The tract which thus be- 
came a part of the public domain of the United States in- 
cluded the counties of Beaver, Cimarron and Texas in the 
state of Oklahoma. 

River Navigation. — During this period, steamboat navi- 
gation on the IMississippi River and its principal tributaries 
was largely used for both trade and travel. The merchants 
and traders of the Indian Territory made use of steamboats 
in shipping in goods and supplies and also in shipping out 
the products of the country which they handled. Some of 
the big steamboats from the lower Mississippi used to come 
up the Arkansas as far as Skullaville and Fort Gibson. 
Steamboats also navigated the Red River at certain seasons 
of the year as far up as the mouth of the Washita, a great 
deal of cotton being shipped to New Orleans in that way. 

At the Steamboat Landing. 

The arrival of a steamboat at Fort Gibson, or Skullaville, in 
olflen times was always an important event in the life of the com- 
munity. The sound of the whistle of the approaching vessel was a 
signal which was sure to cause an immediate gathering of the major 
portion of the inhabitants at the landing on the river bank. The 
negro deck hands were soon busied in unloading the cargo. Before 
long the landing would be covered with piles of freight for the mer- 
chants and traders and with great quantities of stores for the Gov- 
ernment military posts and Indian agencies. Meanwhile many In- 
dians of the Cherokee, Creek, Osage and other tribes would line the 
shore, most of them staring in wonder at the great "fire-canoe." At 
such times the engineers found great sport in blowing off the mud- 
valve with its loud roar, whereupon the crowd would run away from 
the boat. 



An Era of Pe:ace:fuIv De:ve;i.opme:nt 41 



The cargo for the down-stream voyage sometimes included beef 
hides, casks of tallow and bags of corn, but almost always there 
would be great bales of buffalo robes and deer skins and furs, to- 
gether with barrels and sugar hogsheads filled with pecans. Finally, 
when the craft was ready for its return voyage, some of the mer- 
chants and traders, who had been waiting for the arrival of * * a good 
boat, ' ' would go aboard, followed by servants or employes carrying 
powder kegs or ax-boxes, filled with Mexican silver dollars, thus 
prepared for a journey to Memphis, New Orleans, St. Louis or Cin- 
cinnati, where they planned to purchase new stocks of goods for their 
trade. Then, when the boat 's bell clanged and the gangplank was 
raised and the reversed engines would start the paddle-wheels, the 
big craft would slowly back out into the channel, while the negro 
deck hands (who alwaj^s sang at their work) would give voice to 
the wild chant of ''Far' yo' well, Miss Lucy," and soon the steam- 
boat would disappear around the bend of the river, leaving the 
little outpost to resume its wonted isolation and loneliness. 




RIVER STEAMBOAT OF TYPE IN USE IN 1S50-60 

Besides the steamboats, keelboats and canoes, there was an 
occasional flatboat to be seen on the Arkansas. These were gen- 
erally from Southwestern Missouri, where they were built, loaded 
with bacon, hides, ginseng, sarsaparilla, snakeroot and other pioneer 
commodities and products, then floated down the Cowskin to the 
Neosho (or Grand) and thence down to the Arkansas and Mississippi, 
where a market would be found for both boat and cargo, the crew 
returning home overland. Some of the Creek and Seminole Indians 
used to reach the outside world with such surplus products as dried 
peaches, beans, pecans, gopher peas, rice, etc., in large "dug-out" 
canoes, each made of a single cottonwood log of mammoth propor- 
tions, in which they floated down the Canadian to the Arkansas. 
Some of these canoes were of sufficient size to hold large barrels 
laid lengthwise. 

Exploring Expeditions. — The ^vilderness of Central and 
Western Oklahoma still continued to be explored at rare 
intervals. In 1843, Capt. Nathan Boone, First U. S. Dra- 
goons, commanded an expedition whieli explored the valleys 



42 



History of Oklahoma 




A P A~ C HvE S 



TO N K A W A S 



CA0DOE5 

TEXAS 



THE INDIAN TERRITORY. 1835-1854 



An Era of PjiAcici-ui. Dkvki^opmi^nt 43 

of the Arkansas, Cimarron and Salt Fork (Nescatunga), 
in Northern Oklahoma and on northward into Southern and 
Central Kansas. In 1845, Lieut. James J. Abert explored 
the valleys of the Canadian and Washita rivers in the ex- 
treme western part of Oklahoma. In the spring and summer 
of 1852, the sources of the Red Eiver w^ere explored by an 
expedition under the command of Capt. Randolph B. 
Marcy. 

The Indian Territory Reduced in Size. — In May, 1854, 
Congress passed an act providing for the organization of the 
territories of Kansas and Nebraska. These two territories 
were formed from parts of what had been known for nearly 
twenty-five years as the Indian Territory. The Indian 
Territory, proper, was thus reduced to the area which it in- 
cluded up to the passage of the Organic Act under which 
Oklahoma Territory was organized in 1890. The Kansas- 
Nebraska Act fixed the 37th parallel of north latitude as 
the boundary between Kansas Territory and the Indian 
Territory. 

Indians in Kansas Territory. — Although Kansas was thus cut 
off from the Indian Territory, it contained the reservations of nearly 
twenty tribes of Indians, besides which there were several tribes 
of wild Indians of the Plains in the western part of the new ter- 
ritory. Eventually nearly all of these tribes were removed to Okla- 
homa, though not until after the close of the Civil War. 

The Northern Boundary Surveyed. — The boundary line between 
Kansas and the Indian Territory was surveyed in the summer of 
1858, by a party under the command of Lieut. Col. Joseph E. John- 
ston, of the Second U. S. Dragoons. Colonel Johnston afterward be- 
came one of the most distinguished generals in the Confederate 
Army. 

Tribal Changes. — ^Vhen the Chickasaws came west they 
joined the Choctaws and purchased an interest in the Choc- 
taw reservation. For many years, they w^ere also under the 
same tribal government and were supposed to have equal 
rights and privileges with the Choctaws. This arrangement 
was somewhat irksome to the Chickasaws because they were 
always out-numbered and out-voted. The Choctaws were 
therefore always in full control of the tribal government 
and only Choctaws were elected to office. The Chickasaws 



44 



History of Oklahoma 




An Era of Pi^ackful Di;ve:lopment 45 

finally insisted upon separating from the Choctaws and they 
were permitted to do so upon payment of $150,000 to the 
Choctaws, in 1855. 

When the Seminoles first moved west from Florida, in 
1845, they joined their relatives, the Creeks. Although they 
were given the right of full citizenship in the Creek Nation, 
the Seminoles were not satisfied. Like the Chickasaws, they 
preferred to govern themselves rather than be governed by 
the stronger tribe with whom they lived. In August, 1856, 
the Creeks and Seminoles made a treaty with the Govern- 
ment in which it was provided that a part of the Creek 
reservation should be set aside for the ownership and use 
of the Seminoles alone. 

The Choctaws and Chickasaws having separated as the result 
of the agreement of 1855, both nations adopted new constitutions 
in 1857. The Choctaw Nation afterward adopted a considerable 
portion of the statutes of the state of Mississippi as their own laws. 
After the laws of the Chickasaw Nation had l3een adopted by the 
tribal legislature under the new constitution, a young man, who was 
a member of the tribe, was sent into Texas with the original copies 
(no duplicates being retained), for the purpose of having them 
printed. The young man who had been entrusted with this im- 
portant mission mysteriously disappeared and the laws with him. 
As a result it became necessary to convene the tribal legislature in 
special session for the purpose of re-enacting the laws thus lost. 

The reservation which was set aside for the Seminoles was 
bounded on the east by a line which would divide the present county 
of Pottawatomie into two very nearly equal parts. Thence it ex- 
tended westward and northwestward to the Texas line, bounded on 
the south by the Canadian river and on the north by the North 
Canadian and the Cherokee Outlet. 

Indian Wars.— The Comanche and Kiowa Indians of 
Western Oklahoma were at war with the whites much of 
the time during this period. Most of their raids were 
directed against the frontier settlements of Texas and the 
overland emigrant and freighting trains on the Santa Fe 
Trail. Peace councils were held and treaties were made 
from time to time but peace seldom lasted long. In these 
peace councils, the Indians of the civilized tribes often took 
part, trying to induce the wild Indians to quit the warpath 
and live on friendly terms wnth the whites and other Indian 
tribes. 



46 



History of Oklahoma 



Life Among the Civilized Tribes.— The lives led by the 
people of the Cherokee, Chickasaw, Choctaw, Creek and 
Seminole tribes during the period between the time they be- 
came settled in their new homes in the Indian Territory and 
the outbreak of the Civil War w^ere simple, care free and 
happy. Their wants and needs were few and these were 
easily supplied. They lived at peace with the Government 
and with each other. The work of the patient and self- 
sacrificing missionaries among them was meeting with suc- 
cess. The neighborhood school as well as the national or 
tribal academy and seminary was doing its part to help 
them in the way of civilization. In many Indian homes 
there was real refinement. Not a few of the young men and 
women were sent to the colleges and seminaries in the east- 




>'leftllftl% 




mm'' 



OLD CHICKASAW CAPITOL AND LEGISLATIVE COUNCIL 
(Built in 1856) 

orn states to finish their education and training for life. 
There was not a railroad nearer than the Mississippi and 
Missouri rivers. All communication with the outside world 



An Era of Pe;ace:ful Dkviclopmicnt 47 

was by river steamboat, wagon train and stap:e coach. It 
was amid such surroundings that the Indians were slowly 
but surely making progress in the ways of knowledge, skill 
and enterprise and in the accumulation of wealth. 

Indian Tribes Settled on the Washita. — Late in the sum- 
mer of 1859 a number of small tribes and bands of Indians, 
which had been living on two reservations on the Brazos 
Kiver in Texas, were removed to the Indian Territory and 
settled in the valley of the Washita River, within the limits 
of what is now Caddo County, Oklahoma. These tribes 
(which included the Caddoes, Keechis, Wacoes, Anadarkoes, 
Tonkawas, Absentee Shawnees, a small band of Delawares 
and the Peneteka Comanches) left Texas to avoid a war of 
extermination. Shortly after they arrived at their new 
reservation on the Washita, they were joined by the Wich- 
itas, who formerly lived in the Wichita Mountains. 

New Military Posts. — The military posts established in 
the Indian Territory during this period were Fort Washita 
(1842) and Fort Arbuckle (1851), both of which were located 
in the Chickasaw Nation, and Fort Cobb (1859), which was 
located in the Leased District, west of the Chickasaw Na- 
tion. 

Summary. — The period of twenty years which ended 
shortly before the outbreak of the Civil War was distin- 
guished as one of quiet and peaceful development in the 
Indian Territory. During this period the people of the 
five civilized tribes made great progress. Besides improving 
their farms and accumulating greater wealth in the way of 
flocks and herds and more comfortable homes, the people of 
these tribes gave other evidence of substantial development. 
They no longer depended on the missionary stations to fur- 
nish their only educational facilities, but began the estab- 
lishment of tribal schools, academies and seminaries. Church 
organizations were common among them and temperance 
societies were formed in several of the tribes. In the Chero- 
kee Nation an agricultural society was maintained. Many 
of the Indians had neat, Avell-kept homes, with all of the 
comforts and conveniences of civilized life. 



48 History of Oklahoma 



SUGGESTIVE QUESTIONS 
Fourth Period. 

1. Why was the year 1844 a memorable one in the Indian Ter- 
ritory? 

2. Why should the annexation of Texas to the United States 
be mentioned in Oklahoma history? 

3. What great overland trails traversed Oklahoma? For what 
were these trails used? 

4. What can you tell of trade among the Indians during this 
period? 

5. Tell what you knoAV about the growth of slavery in the 
Indian Territory. 

6. How^ was merchandise shipped into the Indian Territory dur- 
ing this period? 

7. Who finally explored the sources of the Eed Eiver? 

8. Why did the Chiekasaws seek to be independent of the 
Choctaws? Eeview some of the Indian treaties of this period. 

9. What new^ military posts were established during this period? 
Give the location of each. 

10. Tell what you know about life among the Indians of the 
civilized tribes during this period. 

11. What tribes of Indians moved from Texas to Oklahoma in 
1859? Why did they leave Texas? Where were they located in 
Oklahoma?" 



FIFTH PERIOD 

(1860-1865) 



THE CIVIL WAR IN OKLAIIO]\rA. 

The Indian Territory at the Outbreak of the Civil War. 

— The dawning of the Civil War was a most unhappy event 
for the Indians of the civilized tribes. With the exception 
of the Seminoles, they had all been at peace with the white 
men for nearly fifty years and some of the tribes had been 
friendly for more than twice that long. Most of them were 
farmers. They raised fields of grain and cotton, owned 
herds of horses, cattle and hogs. Many of them owned negro 
slaves by whom much of the field labor was done. The life 
of the Indians was simple and care-free and their few wants 
were easily supplied. They wanted to remain at peace. They 
had no desire to take part in this trouble, which they right- 
fully called a White Man's quarrel. They had been friendly 
with the government of the United States so long that they 
were loath to make any change. On the other hand, all of 
these tribes had come from the South. Many of their cus- 
toms and habits were peculiar to the South and many of 
their people were related by ties of marriage and blood to 
the people of the South. For these reasons they felt that 
duty called for a new alliance, even though their friendship 
for the government of the United States was strong. 

The Beginning of the War in the Indian Territory.— 

The first events in the Civil War in Oklahoma Avere the 
abandonment of the military posts by the troops of the 



50 



History of Oklahoma 



United States Army. Most of these posts were abandoned 
within a month after Fort Sumter had been fired upon, the 
Federal troops marching north under the command of Col. 
William II. Emory. Each post was promptly occupied by 

Confederate forces as soon as the 
Federal troops were withdrawn. 
Thus, the Indian Territory virtu- 
ally passed into the control of the 
Confederates right at the outbreak 
of the war. On May 13, 1861, the 
Confederate Military District of 
Jll^^ipn^ the Indian Territory was estab 

^JHH^^^^^ lished and Gen. Benjamin McCuI 

«,^^^^BBH^^^^ loch was assigned as its comman 



f 






COL. "WILLIAM H. EMORY 



The Confederate Government 
Seeks Friendship of the Indians. — 

The newly organized Confederate 
Government took steps to win the friendship of the Indians 
of the civilized tribes as well as to secure and hold military 
control of the Indian Territory. Efforts were made to in- 
duce all of the tribes to enter into treaties of friendship 
imd alliance. 

Confederate Treaties with Indian Tribes.— Albert Pike, 
as commissioner of the Confederate States, met the repre- 
sentatives of the Choctaw, Chickasaw, Creek, and Seminole 
Nations at North Fork Town (Eufaula) July 10-12 and 
August 1, 1861, and negotiated formal treaties of friend- 
ship and alliance with each of those tribes. The Cherokees 
acted with much less haste and it was not until the 7th of 
the following October that they entered into a formal treaty 
with the Confederate States. Commissioner Pike also in- 
duced a number of other tribes and parts of tribes to sign 
similar treaties. 

Changed Relations. — By entering into treaties with the 
Confederate States, the Indians of the civilized tribes were 



TiiK Civil, War in Oklahoma • 61 

regarded as enemies of the United States, with which most 
of them had been living at peace for many years. Few of 
them could foresee the probable consequences of the war 
which w^as to follow or its possible effect upon them. The 
general histories of that great conflict scarcely mention the 
campaigns and battles which took place in the Indian Ter- 
ritory. Compared with the greater campaigns and battles 
between larger armies in other parts of the South, the 
events of the Civil War in the Indian Territory may seem 
unimportant. However, the war was as brutal, as cruel, as 
destructive and as wasteful in the Indian Territory as it 
was in any part of the South and the people of the civilized 
tribes learned that, if it was a AVhite Man's quarrel, it also 
became a source of the Ked Man's woe. 

Flight of the Tribes on the Washita. — The greater part 
of the Indians of the Caddo, Wichita and other tribes, which 
had been settled on the new reservations on the Washita 
River only a year and a half before, abandoned their homes 
and fled northward across the Kansas line shortly after the 
Federal garrison was withdrawn from Fort Cobb. 

Military Activities in the Indian Territory. — After 
making treaties with nearly all of the tribes in the Indian 
Territory, the work of organizing Indian troops for service 
in the Confederate Army was pushed as rapidly as possible. 
General Albert Pike was placed in command of these Indian 
troops, in November, 1861. 

Tribes Divided by the War. — Not all of the Indians of 
the civilized tribes were willing to accept the alliance with 
the Confederate States to which their chiefs and counselors 
had agreed. Although the Federal Government had with- 
draw^n its troops from the Indian Territory and had failed to 
fulfill its treaty agreements (including the payment of annu- 
ity moneys), many of the Cherokee, Creek, and Seminole In- 
dians remained firm in their attachment to the Union. Late 
in November, 1861, about 2,500 of these Indians gathered 
under the leadership of Opothleyohola (o-poth'-le-yo-ho'la). 



52 History oi^ Oklahoma 

The First Battle. — The followers of Opothleyohola were 
poorly fitted for a campaign as they were not organized and 
were scantily provided with arms, ammunition and provis- 
ions. They were also encumbered by their families. AVben 
they attempted to leave the Territory and move northward 
to Kansas, they were followed by a Confederate Indian force 
of about 1,500 men under the command of Col. Douglas H. 
Cooper. The Union Indians were overtaken at a point north 
of the Cimarron River, within the present limits of Osage 
County, where a battle was fought on the evening of 
November 19, 1861. It ended in a victory for the attacking 
Confederates. 

Union Indians Again Defeated. — After gathering up his 
scattered followers Opothleyohola attacked Colonel Cooper's 
command at Chusto-Talasah (chtis'-to-ta-la'-sa) on Bird 
Creek (in Osage County), December 9, 1861. In the hot 
fi.ght which followed, the Union Indians were defeated and 
driven off. Colonel Cooper then withdrew his command 
to Tulsey Town (Tulsa). Nearly two weeks later, Colonel 
Cooper's command was reinforced by a brigade of Arkansas 
and Texas troops under Col. James Mcintosh. The Union 
Indians were found and attacked on Shoal Creek on Decem- 
ber 26. In this fight, which was called the battle of Chus- 
tenahla (chiis'-ten-ah'-la) the Union Indians were again de- 
feated and scattered. 

A Winter of Suffering. — The Indians w^ho had thus 
openly avowed their attachment to the Union were nearly 
all driven north of the Kansas line late in December and 
early in January, 1862. The weather was bitterly cold. The 
Indians Avere accompanied by their families. Few of them 
had tents or shelter of any kind. Most of them were scantily 
clothed, many Avere without shoes, and food was scarce. The 
sufferings of these refugees during the winter of 1861-2 were 
almost indescribable. Sickness followed exposure and hun- 
ger, and hundreds of the refugees died. 

The Battle of Pea Ridge and Its Effect.— The first event 
of importance in 1862 Avas the Battle of Pea Ridge. The 

IG— O. H. 



The Civil. War in Oklahoma 53 

Confederate forces under the command of Gen. Albert Pike 
were marched across the line into Arkansas to take part in 
a campaign nnder Generals Price and Van Dorn. At the 
Battle of Pea Ridge, the Confederates were defeated by 
the Union forces under the command of Gen. R. S. Curtis. 
The effect of this battle on the Indian troops in the Confed- 
erate service was demoralizing. 

Federal Activity in the Indian Territory. — Soon after 
the Union victory at Pea Ridge, E. II. Carruth, Federal 
commissioner to the Indian tribes of the Indian Territory", 
addressed letters to the leaders and chiefs of each of the 
civilized tribes, urging them to renew their alliance and 
friendly relations with the Federal Government. Three 
Indian regiments were also organized for the Union service 
in the Indian Territory. 

The Three Indian Regiments were designated respectively as 
tlie First, Second and Third Eegiments of the Indian Home Guard. 
The Indian Brigade, thus organized, continued in the active service 
until the end of the War, Col. Eobert W. Furnas, who was after- 
ward governor of Nebraska, was the first commander of the Indian 
Brigade. 

Cherokee Country Invaded by Union Troops. — June 22, 
1862, a force of 5,600 Union troops (including three Indian 
regiments) under command of Col. William Wier, marched 
soutlnvard from Humboldt, Kansas, and entered the Chero- 
kee country. The only opposition to the advance of this 
force was that of Col. Stand Watie's Cherokee regiment. 
Gen. Albert Pike, who Avas in command of the Confederate 
military district of the Indian Territory, maintained his 
headquarters and held most of his force at Fort McCulloch, 
on the Blue River, in the southwestern part of the Choctaw 
country, although repeatedly ordered by General Ilindman, 
department commander, to move them northward for the 
protection of the Cherokee country. General Pike finally 
resigned, and, Avhen relieved of his command, Avas tem- 
porarily succeeded by Col. Douglas 11. Cooper. Colonel 
Cooper at once advanced his command to the Arkansas 
River, whoro it was united with that of Col. Stand Watie. 



54 



History of Oklahoma 



At the same time a Confederate force of five regiments, un- 
der General Rains, moved northwestward into the Cherokee 
country from Fort Smith. The Federal forces thereupon 
retired northward into Kansas. 

The Tonkawa Massacre. — Of the tribes which had settled 
on the Washita in 1859, the Tonkawas alone had remained 
attached to the Confederate Indian Agency, near Fort Cobb. 
While the Tonkawas were encamped near Anadarko, one 
night in October, 1862, they Avere attacked by a raiding 
party of Union Indians, including members of the Dela- 
ware, Creek, Shawnee, Kickapoo and possibly other tribes, 
and the greater part of the Tonkawas Avere killed. 

Second Federal Invasion. — The Kansas division of the 
Army of the Frontier, under command of Gen. James G. 

Blunt, attacked the Confederate 
^^a^ forces under command of Col. 

^pMB^ Douglas H. Cooper, at Old Fort 

m ^ Wayne, in the Cherokee country 

B ' ' ' (near ]\Iaysville, Arkansas), Octo- 

ber 22, 1862. The battle resulted 
in a victory for the Union forces, 
the Confederate troops retreating 
in great haste, westward, by way 
of Fort Gibson, across the Arkan- 
sas River, to Fort Davis. Fort 
Gibson was occupied by a force of 
Federal troops (3d Indian Regi- 
ment) under command of Col. 
From that time on, to 



GEN. JAMES G. BLUNT 

William A. Phillips, November 9. 
the end of the Avar, Fort Gibson remained in the hands of 
the Federal forces and Avas the base from Avhicli all of their 
operations in the Indian Territory Avere performed. 

Dual Tribal Government. — While the Federal forces 
Avere occui)ying the Cherokee country, Colonel Cooper sent 
a message to John Ross, in the name of the president of 



Thi^ Civil War in Oklahoma 



55 



the Confederate states, demanding that he issue a proclama- 
tion calling on all Cherokee Indians between the ages of 
eighteen and thirty-five to enroll themselves in the Con- 
federate military service. Ross failed to do so. When the 
Federal forces retired northward, a national convention of 
the (Confederate) Cherokees was held, at which John Ross 




OLD commissary BUILDING, FORT GIBSON 

was declared to be deposed from the office of principal chief 
and Stand Watie was named to succeed him. Ross left 
the Territory, going to AVashiiigton to renew the treaty with 
the Federal Government. 

From the fall of 1862 until the end of the Wav, the Cherokee 
people were divided into two parties, and had two tribal govern- 
ments, the one headed by John Ross, and the other headed bv 
Stand Watie. 

General Steele in Command of Confederate Forces. — 
Early in January, 1803, Gen. AVilliam Steele was assigned 
to the command of the Confederate forces in the Indian Ter- 



History of Oklahoma 




Tiiiv Civil, War in Okumioma 57 

ritory. Not much was done during tlie first half of the year 
by either army. Gen. Douglas H. Cooper's Indian Brigade 
crossed the Arkansas River near Fort Gibson, May 20, to 
capture the cattle and horses of the Federal garrison sta- 
tioned at that post. The Federal commander, Col. William 
A. Phillips, was taken by surprise. He promptly attacked 
the Confederates. The fight was a hard one and for some 
time the result was in doubt. The Union troops were finally 
reinforced and the Confederates retired. The loss in killed 
and w^ounded was severe on both sides. Ten days later the 
Confederates attacked a supply train, en route from Fort 
Scott, a few miles from Fort Gibson. The military escort 
of the supply train having been heavily reinforced, the at- 
tacking Confederates were repulsed, leaving thirty-five of 
their number dead on the field. 

Battle of Honey Springs. — On July 16th occurred the 
Battle of Honey Springs. A Confederate brigade, under 
Gen. Douglas H. Cooper, was encamped at Honey Springs, 
on Elk Creek, about three miles east of Checotah. Gen. 
James G. Blunt, at the head of a Federal force of about 
3,000 troops, with two batteries of artillery, crossed the 
Arkansas River above the mouth of the Verdigris and moved 
to attack Cooper's camp. The battle began about ten o'clock 
in the morning and raged fiercely for several hours. The 
result was a victory for the Union troops. General Cooper 
retired south of the Canadian River with his command. 

The Perryville Expedition. — In the latter part of August, 
1863, Gen. James G. Blunt fitted out an expedition of 
4,500 men at Fort Gibson for the purpose of taking the field 
against the Confederate army of General Steele, which had 
concentrated south of the Canadian River, on the Texas Road 
(east of the present town of Canadian, in Pittsburg County). 
When the expedition arrived at the site of the Confederate 
encampment, it was found to have been abandoned. Gen- 



58 History of Oklahoma 

eral Blunt 's command marched on down the Texas Road 
as far as Perryville, where the Confederate supply depot 
was captured and destroyed. The Federal commander then 
marched his forces back to Fort Gibson. 

Capture of Fort Smith. — Immediately after returning 
from the Perryville expedition, General Blunt organized 
another expedition with which he descended the Arkansas 
and captured Fort Smith, September 1, 1863. Fort Smith 
had long been regarded as a goal by Union commanders in 
planning campaigns for the Southwest and 
its capture was counted as a decisive gain 
by them. 

A New Confederate Commander. — Be- 

o.ause of the lack of harmony in the affairs 
of his command, Gen. Steele Avas re- 
lieved and Gen. Samuel B. IMaxey was ap- 
pointed to succeed him, December 1, 1863. 

Refugee Indians. — After the perma- 
nent occupation of Forts Gibson and Smith 
by the Federal forces, all of that part of the Territory which 
was embraced in the valleys of the Arkansas and Canadian 
rivers became untenable for the Indians Avho had adhered 
to the Confederate cause. They were forced to seek refuge 
in the valley of the Red River. Like the Indians who fled 
to the Kansas border at the outbreak of the War, they experi- 
enced great privation and suffering, and their destitute con- 
dition added to the already heavy burdens of the Confeder- 
ate military authorities. 

1864 

A Winter Campaign. — At the beginning of the year 
1861:, the Confederate forces under the command of Gen. 
S. B. Maxey were stationed in the valley of Red river, at 
Forts Towson, McCulloch, and Washita and at Boggy Depot. 
On the first of February, an expedition was fitted out at 
Fort Gibson under Col. William A. Phillips to make a 




GEN. S. B. MAXEY 



The Civil War in Oklahoma 



59 



scouting campaign in the Creek, Seminole, Choctaw, and 
Chickasaw nations. At the mouth of Little River (in 
Hughes County) the infantry and the wagon train were 

allowed to rest, while Colonel 
Phillips with a force of 450 
mounted men and one piece 
of artillery pushed on south- 
Avard and westward nearly to 
Fort Washita. 

Indians in an Arkansas 
Campaign.— In the spring of 
1864, part of the Confederate 
troops in the Indian Terri- 
tory, including Col. Tandy 
AValker's brigade, which con- 
sisted of Choctaw and Chick- 
asaw troops, were trans- 
ferred to Arkansas to aid in 
opposing the advance of the 
Federal army under Gen. 
Frederick Steele from Little 
Rock to Camden. Colonel 
AValker's Indian Brigade 
particularly distinguished it- 
self at the Battle of Poison 
where it captured a wagon 




COL. WILLIAM A. PHILLIPS 



Spring, Arkansas (April 18) 
train and a battery of artillery. 

Capture of a Federal Supply Steamer.— June 15, 1864, 
Lee's battery of Confederate artillery (Cherokee) which was 
attached to the command of Gen. Stand Watie, fired upon 
and finally captured the steamboat '^G. II. Williams," as 
it was passing Pheasant Bluff (near the mouth of the Cana- 
dian) on its way up the Arkansas River from Fort Smith to 
Fort Gibson. 

Federal Wagon Train Captured.— One of the most nota- 
ble events of the Civil AVar in the Indian Territory was the 



60 



History of Oklahoma 



capture of a large train of wagons loaded with supplies 
for Fort Gibson, by a force of 2,000 Confederate troops be- 
longing to the brigades of Generals R. M. Gano and Stand 
AYatie, at Cabin Creek, on the military road between Fort 
Scott and Fort Gibson, September 17, 1864. 300 wagons 
filled with military supplies, and nearly 1,300 horses and 
mules fell into the hands of the Confederates as the result 
of this exploit. 

1865 

A Season of Inactivity. — During the last winter of the 
Civil War there was but little done by the troops of either 
side in the Indian Territory It was generally believed that 




COL. D. N. Mcintosh gen. stand watie col. tandy walker 

(Indian Brigade Commanders in tlie Confederate Army) 



the War was drawing to a close. General Maxey having 
retired from the command of the Confederate troops in the 
Indian Territory, was succeeded by Gen. Douglas 11. 
Cooper. 

An Indian Peace Compact. — For some time before the 
end of the War, the Indians of the civilized tribes who sided 
with the Confederacy had been seeking to arrange a general 
council with the Indians of the wild tribes of the Southern 
Plains region. It was proposed to hold such a council at 



Tiiu Civiiv War in Oklahoma 61 

Council Grove, on the North Canadian River (six miles west 
of Oklahoma City) on May 1, 1865. For some reason it was 
postponed and was finally held at Camp Napoleon, on the 
AVashita, May 26, 1865. Three weeks later the principal 
chiefs of the Creek and Seminole Nations joined in an 
address urging all Indian tribes and bands, regardless of 
the part they had taken during the War, to drop all past 
differences and join in the peace compact which had been 
adopted at the Camp Napoleon council. 

The Dawn of Peace. — Gen. Edmund Kirby Smith, com- 
mander of the Trans-Mississippi Department of the Con- 
federate Army, surrendered to Gen. Edward E. S. Canby, 
of the United States Army, May 26, 1865. In the Indian 
Territory, Gen. Douglas H. Cooper carried out the terms 
agreed upon between General Canby and Gen. Kirby 
Smith, in so far as the white troops of his command were 
concerned, but stated that it would be impracticable and 
even dangerous for him to attempt to surrender the Indian 
troops. The latter claimed to have entered the War as inde- 
pendent allies of the Confederacy, and reserved the right 
to treat directly with the United States government for 
the return of peace. The Cherokee troops under Gen. Stand 
Watie, were surrendered to Lieut. Col. Asa C. Matthews, 
(99th Illinois Volunteer Infantry) at Doaksville (near Fort 
Towson) June 23. The Choctaws, through their principal 
chief, Peter P. Pitchlynn, also agreed to surrender at the 
same time and place. The peace terms by which the Chick- 
asaws agreed to quit fighting were signed by Governor Win- 
chester Colbert about two weeks later — nearly three months 
after the surrender of the Confederate Army of Northern 
Virginia by General Lee. 

Results of the War in the Indian Territory. — The close 
of the Civil War found the Indian Territory in a most un- 
happy .state. Its people were divided into two parties, be- 
tween which bitterest hatred existed. OutlaAvs overran the 
country and the old feud between the treaty and anti-treaty 



62 History of Oklahoma 

parties in the Cherokee and Creek nations had been so in- 
tensified by four years of warfare that there was a feeling 
of determination on each side that the other should not be al- 
lowed to return home. For some time, indeed, military 
authority was necessary to preserve order. The Choctaw 
and Chickasaw nations having been almost unanimous in 
their support of the Confederacy, there was very little fac- 
tional trouble within their boundaries. 

A Peace Council Called.— June 18, 1865, Peter P. Pitch- 
lynn, principal chief of the Choctaw Nation, issued a proc- 
lamation calling for a general peace council of all the tribes 
of the Indian Territory to convene September 1, at Arm- 
strong Academy, in the Choctaw Nation. It was proposed 
to meet the commissioners of the United States for the pur- 
pose of renewing the treaties Avhich had been abrogated by 
the several tribes at the outbreak of the war. The war 
being at an end, the Indians were naturall}^ anxious as to 
the terms upon which new treaties might be made. The 
general council of the Indians of the tribes residing in the 
Indian Territory was held at Fort Smith, Arkansas, in 
September 1865. 

Pitchlymi's Proclamation. — After reciting the existing conditions 
and urging that all tribes be represented in the council, the proc- 
lamation concluded as follows: '*It therefore becomes us as a brave 
people to forget and lay aside our prejudices and prove ourselves 
equal to the occasion. Let reason obtain now that the sway of 
passion has passed, and let us meet in council with a proper spirit, 
and resume our former relations with the United States government." 

Peace Conditions. — At this council the Indians were 
informed that those tribes which had entered into treaties 
of alliance with the late Confederate government had for- 
feited all of their old rights of consideration and protec- 
tion from the government of the United States, and that 
their property was subject to confiscation. They were given 
to understand, however, that the Government did not wish 
to be harsh, but that it would insist upon some conditions 
to which these tribes would have to agree before their former 
treaty relations could be renewed. These conditions in- 



TiiD Civiiv War in Oklahoma 63 

eluded the abolition of slavery, and the union of all the 
tribes in the Indian Territory into one commonwealth with 
a territorial form of government. The former negro slaves 
of the Indians were also to be accorded full tribal rights. 
To some of these conditions several of the tribes strongly 
objected and, after a fruitless session of thirteen days, the 
council adjourned September 21, to meet in AYashington, 
D. C, the next year. 

Summary. — The result of the Civil War was pathetic 
from any viewpoint, but from none more than that of the 
people of the Indian Territory. With homes and belongings 
destroyed, farms laid w^aste, stock driven aw^ay, and owners 
compelled to flee for refuge, the story of ruin seems almost 
complete. Added to this was the presence and activity of a 
lawless element which knew no feeling of loyal attachment 
to either side, but plundered and robbed from the people of 
both sides as occasion offered. If this picture is not dark 
enough, it is only necessary to investigate the criminally 
dishonest business methods of the contractors who furnished 
supplies for the dependent Indians, and to read the record of 
bickering and jealousy which distinguished rival aspirants 
for military promotion in both armies. In short, the story of 
the Civil War in the Indian Territory is not one which in- 
spires the heart of a white man with a feeling of pride in his 
race. In striking contrast with such a picture of human self- 
ishness and unworthiness are the heroic figures of some lead- 
ers in both armies who acted from motives of sincerest patri- 
otism. Moreover, the patience and fortitude with which the 
mass of the Indian people endured hardships and privations, 
is one of which the people of any connnonwealth might well 
be proud. 



64 History of Oklahoma 



SUGGESTIVE QUESTIONS 

Fifth Period. 

1. Tell why the Civil War was a most unwelcome event to the 
Indians of the five civilized tribes. 

2. Who negotiated treaties with the Indian tribes, as commis- 
sioner for the Confederate States? Who was the first commander 
of the Confederate forces in the Indian Territory? 

3. What military posts were garrisoned at the outbreak of 
the Civil W^ar? Why were they abandoned? 

4. Which tribes were almost unanimous in their sympathy with 
and adherence to the Southern cause? In which tribes were the 
sentiment and preferences of the people divided? Why did the tribes 
which hesitated at first, finally enter into treaties of alliance with 
the Confederacy? 

5. What Indian leader remained steadfast in his devotion to the 
Union? Tell something of his campaign in the latter part of 1861. 
Where did the Indians who remained loyal to the Union seek refuge? 
Tell something of their sufferings. 

6. In what battle in Arkansas did the Indian Confederate troops 
take part in 1862? What effect did it have on the Indians? When 
did the Federal forces first enter the Indian Territory? 

7. When did the second Federal invasion take place? Who was 
in command of the Federal forces? Tell of the battle of Fort Wayne. 
Who captured Fort Gibson from the Confederates? 

8. Tell of the division of the Cherokee Indians. Who was elected 
as chief by the Confederate Cherokees? Tell about the reorganiza- 
tion of the Cherokee tribal government under Federal protection, 
AVliat action did its council take with reference to slavery? 

9. Who was in command of the Union forces at Fort Gibson 
almost continuously from 1862 until 1865? What Cherokee Indian 
became a brigadier general in the Confederate service? 

10. Why were the Indian troops not included in the surrender 
of the Confederate forces in Oklahoma at the close of the War? 
By whom were they finally surrendered? Tell about the conditions 
existing in the Indian Territory at the end of the War? 

11. Where was the general peace council held? When? What 
were the peace conditions imposed by the Government? Why were 
they not accepted at the time? 



The: Civil. War in Oki^aiioma 



65 




66 



History of Oklahoma 




NATIONAL Ci':.^LETERY AT FORT GIBSON 
THE BIVOUAC OF THE DEAD 

The muffled drum's sad roll has beat uhe soldier's last tattoo; 

No more on life 's parade shall meet that brave and fallen few. 
On Fame 's eternal camping ground their silent tents are spread, 

While Glory guards, with solemn round, the bivouac of the dead. 
No rumors of the foe's advance now swells upon the wind; 

No troubled thought at midnight haunts of loved ones left behind; 
No vision of the morrow's stiife the warrior's dream alarms; 

No braying horn or screaming fife at dawn shall call to arms. 
Their shivered swords are red with rust; their plumed heads are bowed; 

Their haughty banner, trailed in dust, is now their martial shroud. 
And plenteous funeral tears have washed the red stains from each 
brow, 

And the proud forms by battle gashed are free from anguish now. 
The neighing troop, the flashing blade, the bugle's stirring blast. 

The charge," the dreadful cannonade, the din and shout are ])ast; 
Nor war's wild note, nor glory's peal, shall thrill with fierce delight 

Those breasts that nevermore may feel the lapture of the fight. 
Rest on, embalmed and sainted dead! dear as the blood ye gave, 

No impious footstep here shall tread the herbage of your grave; 
Nor shall your story be forgot while Fame her record keeps, 

Or Honor points the hallowed spot where Valor proudly sleeps. 
7on maible minstrel's voiceless stone in deathless song shall tell, 

When many a vanished age hath flown, the story how ye fell; 
Nor wreck, nor change, nor winter's blight, nor time's remorseless 
doom 

Shall dim one ray of glory's light that gilds your deathless tomb. 

— Theodore O'lTara. 



SIXTH PERIOD. 

(1865-1875) 



PEACE RESTORED— PLAINS TRIBES AT WAR. 

New Treaties Made.— Having failed to agree as to the 
terms of new treaties at their general council at Fort Smith 
(September, 1865), the civilized tribes sent representatives 
to Washington early the following year, again to take the 
matter up with the Government. All of the civilized tribes 
agreed to new treaties during the spring and summer of 
1866. 

Terms of the Treaties. — All of these treaties provided : 

(1) that there should be no more slavery among the Indians; 

(2) that the Government might have the right to permit 
the construction of railway lines across the tribal reserva- 
tions; (3) for the union of the tribes of the Indian Territory 
with a general legislative council the members of which 
were to be apportioned according to population ; (4) for 
the settlement of other or friendly Indians in the Terri- 
tory, and (5) for a general amnesty and forgiveness of all 
acts and deeds committed as acts of war between 1861 and 
1865. In addition, each treaty contained some provisions 
Avhich did not appear on the others. 

The Freed Slaves. — The Cherokee Council (Union) had volun- 
tarily abolished slavery in the Cherokee Nation by legislative enact- 
ment in February, 1863. Under the terms of the new treaties, the 
Cherokee, Creek and Seminole nations granted the freed slaves full 
tribal citizenship rights, including lands and annuities. In the Choc- 
taw and Chickasaw nations the freedmen were granted citizenship 
but no share in annuities or trust funds and only forty acres of 
land each. 



68 



History of Oklahoma 




5—0. IT. 



Pe:ace; Restored — The Plains Tribes at War 



G9 



Tribes from Kansas Moved to the Territory. — In 1867 
and 1868 a number of tribes of Indians moved from Kansas 
and settled in the Indian Territory after disposing of their 
reservations in that state. The Caddoes, AVichitas, and other 
tribes which had gone north to Kansas during the early 
part of the Civil War, also returned to their reservations 
on the AYashita. 

The Chisholm Trail and the Overland Cattle Trade. — 

The Chisholm Trail was a Avilderness road which Avas first 
marked by the wheel tracks of Jesse Chisholm 's wagons 
as he passed southward from the 
site of Wichita, Kansas, to the 
old Caddo-Wichita Agency, near 
the present town of Anadarko, 
in the spring of 1865. Two 
years later, in the spring of 1867, 
the first herds of Texas cattle 
were driven northward to Abi- 
lene, Kansas, over the Chisholm 
Trail, for shipment to Chicago. 
During the ensuing twenty years, 
the Chisholm Trail bore an im- 
portant part in the history of the 
western part of the Indian Terri- Jesse chisholm 
tory. It was not only a highway of traffic and travel by 
wagon and stage coach, but it was also the route over which 
Diillions of cattle slowly grazed toward the shipping station 
and market. 




Proposed Territorial Organization. — During tlie winter 
of 1866-7, Representative R. T. Van Horn, of the Kansas 
City (Missouri) district, introduced a bill in Congress, the 
object of which was to provide an organized territorial 
government for the Indian Territory. The bill was never 
discussed on the floor of the House of Representatives, 
though it occasioned considerable interest at the time. 



History of Oklahoma 



War With the Tribes of the Plains.— Throughout the 
period of the Civil War, most of the Indians of the wild tribes 
of the Southern Plains region (i, e., Comanches, Kiowas, 
Apaches of the Plains, Arapahoes and Cheyennes) were on 
the warpath. In October, 1865, the chiefs and head men of 
these tribes were induced to sign treaties at the peace coun- 
cil which was held at the mouth of the Little Arkansas 
River (Wichita, Kansas). Peace lasted through the follow- 
ing winter and spring. Then war broke out on the Plains 
again. Frontier forts and military posts which had been 

abandoned at the outbreak of 
the Civil War were reoccupied 
and many new ones were es- 
tablished and the war was 
vigorously pushed by the gov- 
ernment. In October, 1867, a 
great peace council was held 
in the valley of the IMedicine 
Lodge River, in Southern Kan- 
sas, at which new treaties were 
signed. By the terms of these 
treaties, the Indians of all of 
these tribes agreed to accept 
reservations in the western part 
of the Indian Territory. It was 
hoped that there would be no 
more Indian war in the country 
bordering on the Great Plains, but the next year many of 
the wild tribes were again off their reservations and on the 
warpath. 

A Winter Campaign. — Throughout the summer and fall 
of 1868, the troops stationed in Western Kansas, Eastern 
Colorado, Eastern New Mexico and Western Texas were 
kept in almost constant pursuit of bands of Indian warriors 
who were raiding settlements and attacking coaches and 
wagon trains on the overland trails. It was finally decided 




GEN. GEORGE A. CUSTER 



Peace Restored — The Plains Tribes at War 71 

that a winter campaign should be undertaken. Gen. 
George A. Custer was placed in command of the troops in 
the field for this purpose. Organizing part of his expedition 
at Fort Dodge, Kansas, General Custer moved southward 
in November, 1868, to the North Canadian River, in the 
Indian Territory, where Camp Supply was established. A 
few days later, in command of his own regiment, (Seventh 
U. S. Cavalry) General Custer marched on south to the valley 
of the Washita, where he found and attacked the village of 
the Cheyenne chief. Black Kettle, November 27, 1868. 
This chief and most, of his warriors were killed and a large 




FORT SILL IN 1S71 



number of prisoners were taken. The campaign was con- 
tinued throughout the winter and the following spring found 
most of the Indians staying on their reservations. Two 
new military posts were established as the result of this 
campaign, namely, Camp Supply and Fort Sill. 

Progress Toward Peace.— Several of the tribes of the 
Plains region showed a willingness to settle down on their 
reservations and remain at peace. These included the 
Arapahoes, Plains Apaches and one band of the Comanches 
(Peneteka). Most of the Cheyennes and Kiowas were sullen 
and dissatisfied and one band of the Comanches (Quahada) 



n 



History of Oklahoma 



refused to be bound by any treaty whatever and persisted 
in remaining off of the reservation and in raiding settlements 
and stealing horses in Texas. 

The Quaker Agents. 

About the time that the campaign on the Washita was in prog- 
ress, a committee representing the Society of Friends, called on Gen. 
U. S, Grant, who had recently been elected to the presidency, and 
asked him to consider the propriety of appointing religious men as 
Indian agents — agents who would as far as possible, secure upright, 
moral men as agency employees — in the certain belief that the effect 




THE QUAKER AGENTS 



on the Indians would be much better than that which commonly 
prevailed at the time. After listening to the deputation with great 
interest. General Grant replied: ''Gentlemen, your advice is good. 
Now give me the names of some Friends for Indian agents and I will 
appoint them. Let us have peace." Such ready acquiescence to 
the spirit of their petition from the victorious warrior was a real 
surprise to the peaceful followers of Fox. As the result of their 
recommendations. President Grant appointed ten Friends (or Quakers) 
as Indian agents in the spring of 1869. Among these were Lawrie 
Tatum, agent for the Comanches, Kiowas, and Apaches, Brinton Dar- 
lington, agent for the Cheyennes and Arapahoes, and Thomas Miller, 
agent for the Sac and Fox, Absentee Shawnees, Pottawatomies and 
Kickapoos. Quaker agents were also appointed for Wichitas, Caddoes 
and affiliated tribes, the Kansas (or Kaws) and the Osages in 
1870-71-72. 



Peaciv Restorkd — Tiiic Plains Tribi-s at War 73 

Thomas C. Battey, a Quaker school teacher, was employed in con- 
ducting a school at the Wichita Agency. Kicking Bird asked him 
to go to the camp of his band and 
conduct a school. Agent Tatum fa- 
vored the plan, and the Commission- 
er of Indian Affairs finally approved 
it. In December, 1872, he went out to 
the Kiowa camp to open a school for 
the children of Indians who were still 
living in a state of primitive savag- 
ery. He was supplied with a wagon 
and a long tent, which was used as 
a school room. With this equipment 
Battey accompanied the Kiowas in 
the frequent changes of their village 
locations during a period of over 
eighteen months. As an educational 
experiment it was not a pronounced 
success, but the presence of the kind- 
hearted and peaceful teacher among 
them had a splendid effect upon the 

restless and turbulent spirits of the THOMAS C. BATTEY 

Kiowas. He kept a daily journal of 

his observations and experiences among the Kiowas, much of the con- 
tents of which afterward appeared in his book, entitled "A Quaker 
Among the Indians." 

The First Railways in the Indian Territory. — June 6, 

1870, the first railway to enter the Indian Territory (the 
Missouri, Kansas & Texas) began laying its track south- 
ward from the Kansas boundary in the valley of the Neosho 





RAIT.WAY STATION AND A. & P. LOCOMOTIVE 
AT VINITA, IN 1877 



74 



History of Oklahoma 



Eiver. During 1871 and 1872 its construction was pushed 

southward and southAvestAvard across the Cherokee, Creek 

> and Choctaw nations and thence across the Red River into 

^^" Texas. The Atlantic & Pa- 



cific Railway built its line 
across the Shawnee and 
Wyandotte reservations, en- 
tering the Cherokee Nation, 
and effecting a junction with 
the Missouri, Kansas & Texas 
at Vinita, in 1872. 

A Race for a Right-of-Way. — 

Congress had passed an act (ap- 
proved July 25, 1866), granting a 
conditional right-of-way across 
the Indian Territory, from Kan- 
sas to Texas, to the railway com- 
pany which should be the iirst to M., K. & T. LOCOMOTIVE, 1872 




complete its track to the state 



(First into Muskogee) 



boundary line in the valley of the Neosho. An exciting race be- 
tween the tracklayers of two rival companies took place during the 
early part of 1870, ending in a victory for the Missouri, Kansas & 
Texas. 

The Okmulgee Constitution. — The first of a series of 
yearly inter-tribal councils w^as held at Okmulgee, December 
5-11, 1870. After much discussion the council voted to 
appoint a committee to draft a constitution for a confedera- 
ation of the tribes of the Indian Territory. This com- 
mittee, of which William P. Ross of the Cherokee Nation, 
was chairman, proceeded at once to perform the work as- 
signed to it. The constitution which was framed by the 
committee provided for a confederation of all of the tribes 
of Indians in the Territory to be republican in form. All 
tribes were to be represented in the council in proportion to 
their populations. This constitution was submitted to thie 
various tribes but was not ratified and adopted. 

Peace Council and War Party.— In May, 1871, while the 
representatives of more than a dozen tribes (including sev- 
eral of the civilized tribes) were helping the Government 
hold a peace council at Anadarko, a war party of Kiowas 
went on a raid into Texas where a government wagon train 



PiCACK RKST0K1;U Tllli i'LAlNS TrIBKS AT WaR ?5 

was attacked and the wagon-master and six teamsters were 
killed. The leaders of this war party were Satanta and 
Satank. They were afterward arrested, to be sent to Texas 
for trial. 

Defeat of the Quahada Comanches. — In the fall of 1872, 
Col. Ranald S. McKenzie with a force of troops followed a 
raiding party to the Quahada Comanche camp, in the Texas 
Panhandle country, surprised and captured it with most of 
the women and children. Shortly afterward the Quahadas 
visited the Agency (at Fort Sill) for the first time. 




INTER-TRIBAL <«'l.\t H., OKMULGEE 
(Thirty Tribes Represented) 

First Coal Mines Opened.— The building of the first rail- 
way led to the opening of the first coal mines in the Indian 
Territory, at McAlester, shortly after the completion of the 
railway to that point, in 1872. 

Outlaw Activities in the Indian Territory. — The lawless 
element was never more numerous and active in the Indian 
country than it was during the ten years immediately fol- 
lowing the Civil AVar. Horse thieves, whiskey peddlers, 
gamblers and sharpers continually intruded upon the reser- 
vations, ever ready to prey upon the Indians. The white 
liunters killed thousands of buffalo for the mere wanton 
*' sport" of killing, despite the protests of the Indians and 



76 History of Oklahoma 

the promises of the Government peace commissioners to the 
contrary. The raids of the white horse thieves and the 
wholesale slaughter of the buffalo angered the Indians to 
the point of hostility and was the cause of more than one 
outbreak. Thus, the innocent settlers on the frontiers of 
Kansas and Texas suffered on account of the misdeeds of 
outlaws and renegades in the Indian country. The lawless 
whites made the work of the Government tribal agents 
(most of whom were Quakers) doubly difficult. 



The Last General Outbreak. — A great many of the In- 
dians of Western Oklahoma were becoming restless for 
various reasons. The Cheyennes wanted to go on the war- 
path in 1873 but neither the Comanches nor the KioAvas 
could join them as they had to be on their good behavior 
until their captive friends were released. So the last 
general Indian war did not come until 1874. Even then, 
there were many Indians Avho refused to join in making 

war on the whites. Most of the 
Comanches were hostile but the 
greater part of the KioAvas, under 
the influence of Kicking Bird, 
refused to leave the reservation. 
Whirlwind, a leading Cheyenne 
chief, brought his people to the 
Agency (Darlington) and refused 
to take part in the war. None 
of the Arapahoes and none of the 
Plains Apaches left their reserva- 
tions. The war lasted not only 
WHIRLWIND through the summer and fall, but 

also all of the following winter. In the end, the hostile 
Indians were worn out and disheartened as they had never 
been before and the peace Avhich followed was a lasting 
one. It Avas the last great Indian AVar east of the Rocky 
]\Iountains and south of the Dakotas. 




PivAcl: Rl:stoked — Tiil: Pj.mns Tribks at War 77 

Summary. — Because of the thrilling events which trans- 
pired in Oklahoma and especially in the western portion, 
during the years between 1865 and 1875, and also because 
of the fame of some of the men who were connected with 
those events, that period of the history of Oklahoma will 
always have a most romantic interest to the people of the 
state. The annals of the five civilized tribes during the 
same period are less exciting, as might be expected of a 
people who were recovering from the shock and exhaustion 
of participation in the Civil War. 



SUGGESTIVE QUESTIONS 
Sixth Period. 

1. Briefly review the treaties by which the five civilized tribes 
renewed their severed relations with the Federal government. What 
changes in the conditions formerly existing in the Territory were 
made possible by these treaties? What Indian tribes were removed 
from Kansas to the Territory after these treaties went into effect? 

2. What was the Chisholm Trail? Why was it so named? 

3. When was the Van Horn Bill introdnced into Congress? What 
was its purpose? 

4. What great Indian peace council was held in the autumn of 
1867? What tribes were represented? What was the result of the 
negotiations which were conducted there? 

5. How long did the wild Indians remain at peace after the 
Medicine Lodge treaties? Tell about the military campaign in the 
winter of 1868-9. Where was the Battle of Washita fought? Who 
commanded the troops in that engagement? 

6. When were the first railways built in the Indian Territory? 
When were the first coal mines opened? 

7. What was the Okmulgee constitution? By whom was it 
formulated? How was it received and what were the results of the 
agitation? 

8. What military posts were established in Oklahoma during 
this period? What posts were abandoned about the same time? 

9. When did the last general Indian war occur in Oklahoma? 
How long did it last? Wliat tribes took part in it? 



78 



History of Oklahoma 




m 




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SEVENTH PERIOD 

(1875-1889) 



STRUGGLE FOR SETTLEMENT. 

The Extermination of the Buffalo. — The building of rail- 
ways westward from the Missouri River, across the Great 
Plains, to the Rocky Mountains, led to the rapid killing of 
the mighty herds of the American bison, or buffalo, which 
once grazed over the vast region. They were killed by 




BUFJ'ALO ON THE GREAT PLAINS 



80 



History of Oklahoma 



the thousand merely for their hides. Thousands were also 
shot down for the mere wanton "sport" of killing. The 
killing of the buffalo in such numbers was one of the prin- 
cipal causes of the last Indian wars on the Plains. AVhen 
the buffalo had all disappeared, the Indians could no longer 
roam at will over the Plains, for they had depended upon 







^^^^^^^■^rr^-W^^ 




the buffalo for food, clothing and shelter. The disappear- 
ance of the buffalo made way for the flocks and herds and 
cultivated fields of the white settlers. 

The Range Cattle Industry. — When the buffalo herds 
had about disappeared and the Indians had settled down 
to a quiet life on their reservations, the cattlemen crossed 
different parts of the Indian Territory, slowly grazing their 
herds northward toward the railroads in Kansas. The rich 
native grasses upon which the buffalo had grazed, still grew 
abundantly. The cattlemen were not slow to note the 



Strugglic for Se:tixe;m^nt 81 

opportunity for their line of business in such a prom- 
ising field. Soon cattle ranches began to appear, lands 
being leased on the Indian reservations at a few cents per 
acre. Lands not included in any Indian reservation were 
quietly occupied without waiting for permission. During 
the years between the close of the last general Indian out- 
break (1875), and the beginning of the agitation for the 
opening of Oklahoma to settlement, (1879), cattle ranges 
had been established in many parts of the western half of 
the Indian Territory. 

More Indians Removed to Oklahoma. — During the first 
four years of this period several additional tribes of In- 
dians were removed to the Indian Territory from other 
states or territories. Among these were the Pawnee and 
Ponea tribes, both of which were from Nebraska, the North- 
ern Cheyennes (from Wyoming), and the Nez Perce 
(na-par-sa) from Oregon. The last two mentioned tribes 
were brought to the Territory after having surrendered as 
prisoners of war. In September, 1878, a band of 300 North- 
ern Cheyennes, nnder the leadership of a chief named Dull 
Knife, left the Cheyenne reservation in Western Oklahoma 
and went northward on the warpath. Several ranchmen 
were killed by them in NorthAvestern Oklahoma. 

Proposed Organization of the Indian Territory. — In 

January, 1879, Senator Stephen W. Dorsey, of Arkansas, 
introduced a bill into Congress, the purpose of which was 
to organize the Indian Territory. The five civilized tribes 
entered a vigorous protest against the passage of the meas- 
ure. It did not become a law. 

The Unassigned Lands. — That part of the lands ceded 
to the United States by the Creek and Seminole nations 
(by treaties of 1866) which was bounded on the north by 
the Cherokee Strip, on the east by the Indian Meridian, on 
the south by the South Canadian River, and on the west 
by the Cheyenne and Arapaho reservation, was never as- 



82 



History of Oklahoma 



signed to any Indian reservation. This tract, which em- 
braced portions of Payne, Logan, Oklahoma, Cleveland, 
Canadian and Kingfisher counties, was the one on which 
all the intruding colonies of ''boomers" proposed to locate 
in the various invasions which occurred between 1879 and 
1885. 

Attempted Settlement of Oklahoma. — In April, 1879, it 
was announced that railway attorneys had discovered that 
there were 14,000,000 acres of land in the Indian Territory 
that belonged to the Government and that these lands were 
subject to homestead entry. This announcement caused 
a great deal of excitement. Companies of men were formed 
in Kansas, Missouri and Texas for the purpose of settling 
on the unoccupied lands in the Indian Territory. When 
the first colony of settlers arrived in the Indian Territory 

early in May, they av e r e 
promptly removed by United 
States troops. 

Captain Payne Becomes 
the Leader. — The proposed 
settlement of the Oklahoma 
Country, as the unassigned 
lands of the Indian Territory 
had come to be called, contin- 
ued to interest many people 
during the latter part of 1879 
and the early part of 1880. 
Capt. David L. Payne had 
become the recognized 
loader of the movement to settle the Oklahoma Country. 
During the next five years, Payne led at least eight different 
-attempts to settle colonies in Oklahoma. He was often 
arrested but never tried. He appealed to the courts and 
once went to "Washington where he appealed to the Secre- 
tary of the Interior. Though he Avas repeatedly driven 




DAVID L. PAYNE 



Struggle: i<or Setti,e:me:nt 



83 



out of the Territory, the Government always declined to 
prosecute him. Ilis followers were generally called Okla- 
homa ''Boomers." 

Organization of Cherokee Strip Live Stock Association. 

— March G, 1883, the cattlemen of the Cherokee Strip held 
their third annual meeting at Caldwell, Kansas. This meet- 
ing resulted in the organization of the Cherokee Strip Live 
Stock Association, which duly incorporated under the laws 
of the state of Kansas. 



The Spiechee War.— In the fall of 1882, hostilities broke 
out between two factions or parties in the Creek Nation. 
Some of the followers of Opo- 
thleyohola, who had remained 
firm in their attachment to the 
Union twenty years before, un- 
der the leadership of Spiechee 
(or Isparhechar), rose in re- 
bellion against the existing 
tribal government. A force of 
six hundred men was raised 
and placed under the command 
of Pleasant Porter, by Col. 
Samuel Checote, the principal 
chief of the Creek Nation. Gen- 
eral Porter pursued the retreat- isparhechar 
ing band until it crossed the line into the Sac and Fox 
country. Spiechee led his people to the Wichita Agency. 
They refused to return to their homes in the Creek country 
until after the Government had insisted upon bringing about 
peace between the two parties. 




Additional Federal Court.— Early in 1883, Congress 
passed an act providing that the United States courts at 
Paris, Texas, and Wichita, Kansas, should have jurisdiction 



84 



History of* Oklahoma 




WILLIAM L. COUCH 



over parts of the Indian Territory. Up to that time, all 
eases in the Federal courts from the Indian Territory had 
been tried at Fort Smith, Arkansas. 

Couch Succeeds Payne. — After 
the death of Capt. David L. 
Payne, William L. Couch, who 
had been one of Payne's most 
trusted lieutenants, became his 
successor as the leader of the 
"boomers." During the fol- 
lowing twelve months, several 
more efforts were made to colon- 
ize the Oklahoma country. After 
Congress first took up the ques- 
tion of opening Oklahoma for set- 
tlement (December, 1884), the in- 
terest in the "boomer" movement 
died out and no further organized efforts were made to set- 
tle in Oklahoma after 1885 until the country was opened to 
settlers by law in 1889. 

Threatened Indian 
Outbreak . — In the 
spring of 1885 many of 
the Cheyenne Indians 
became restless and 
were reported to be 
buying, and secreting 
arms and ammunition. 
The repeated attempts 
of the ' ' boomers ' ' to set- 
tle in Oklahoma and 
the presence of the 
stock men in the Indian 
country probably were ^jen. phillip h. sheridan 

the real causes of the trouble. About the middle of the fol- 
lowing July, the stories of an Indian outbreak which was 




Struggi^e: for Se;tti,e:me:nt 85 

believed to be about to take place, caused the Govern- 
ment to assemble 5,000 troops in the Indian Territory and 
Southern Kansas. Gen. Philip H. Sheridan, who came from 
Washington, investigated the causes of the trouble and 
recommended that the cattlemen be required to remove their 
stock from the Cheyenne and Arapaho reservation. This 
was done. The expected outbreak never occurred. 

Railway Construction. — The Atchison, Topeka & Santa 
Fe Railway Company built a line from Wichita to Cald- 
well, Kansas, in the spring of 1880. Caldwell was on the 
line of the old Chisholm Trail, so the overland cattle trade 
from Texas, as well as from the ranches and ranges of the 
western part of the Indian Territorj^, centered at Caldwell 
for a number of years. In 1884, the Santa Fe also planned 
to build a line southward from Arkansas City, Kansas, to 
Fort Worth, Texas. This line was built in 1885-6. The 
St. Louis & San Francisco Railway built a line southAvest- 
ward from Fort Smith, Arkansas, to Paris, Texas, about the 
same time. In 1887-8 the Santa Fe also constructed a line 
southwestward from Kiowa, Kansas, to Amarillo, Texas. 

Opposition to the Opening of Oklahoma. — The opposi- 
tion to the opening of the vacant public lands of Oklahoma 
to settlement came principally from two sources, namely, 
the cattlemen who had ranches in the Territory, and the 
Indians, who naturally wished to be let alone in their own 
country. The Oklahoma question continued to attract much 
attention both in the West and in Washington, where it 
was before Congress every session. 

No-Man 's-Land and Cimarron Territory. — In 1886 and 
1887, large num])ers of people settled in No-Man 's-Land. 
That region was not then attached to any state or terri- 
tory. In the spring of 1887, the settlers organized a terri- 
torial government, selected temporary officers and chose a 
delegate to Congress. While this movement never received 
the approval of Congress, it aided in gaining recognition for 
the Oklahoma question. 



86 



History of Oklahoma 




STRUGGLIt FOR SETTLEMENT 87 

The Oklahoma Question in Congress. — When the Fiftieth 
Congress convened in December, 1887, the Oklahoma Bill 
was again introduced. During the winter and spring of 
1888 it occupied much time and attention. No action having 
been taken during the first session, the final contest came 
during the second session, in the winter of 1888 and 1889. 
After a hard fight, the Oklahoma Bill passed the House of 
Representatives, early in February, 1889. It was defeated 
in the Senate. The Oklahoma ''boomers" in Washington, 
like those who had so long camped in wagons on the border, 
were defeated but not discouraged. They promptly tacked 
a "rider" on the Indian Appropriation Bill which provided 
that the lands of the so-called Oklahoma Country should be 
opened to settlement. The Senate was forced to accept the 
measure in that form. It provided also for the establishment 
of townsites and land ofi^ices but made no provisions for the 
organization of a territorial government. By the terms of 
this act, which became a law March 3, 1889, the president 
was to issue a proclamation giving thirty days' notice of 
the proposed opening. 

The Opening Day Proclaimed. — March 23, President 
Benjamin Harrison issued a proclamation setting the time 
of the proposed opening of the Oklahoma Country to settle- 
ment at noon on April 22d, 1889. For ten long years the 
agitation for the opening of Oklahoma had continued in spite 
of defeats, disappointments and discouragements that 
would have baffled any but the most determined of men. 
Success had at last crow^ned their efforts but at a cost in 
the way of patient endeavor, hardship and persecution which 
those who live in a later day can scarcely realize. 

The Most Thrilling Event in Oklahoma's History. — 
Promptly at noon, April 22, 1889, the cavalrymen who 
patrolled the borders of the promised land, fired their car- 
bines in the air as a signal that the settlers might move across 
the line. A mighty shout arose and the race for claims 
and liomes began. Hundreds crowded the trains of the single 



88 History oi^ Oklahoma 

railway line that entered Oklahoma, thousands rode on fleet 
horses lightly saddled, other thousands rode in buggies and 
buckboards, and yet others, in heavy farm wagons, drawn 
by slower teams, yes, and some even made the race on foot ! 
The scene at the instant of starting w^as one never to be for- 
gotten. It resembled the utter rout of a retreating army, 
rather than the orderly advance of an invading host. It was 
at once the culmination and climax of the story of American 
pioneering. 

Summary. — Like those of the previous period, a large 
part of the events of historical importance which occurred 
in the Indian Territory, during the years between 1875 and 
1889, transpired in the western part. The pioneering of 
the range cattlemen and the agitation and repeated inva- 
sions of the ''boomers" adds additional distinctiveness to 
the history of Oklahoma, and will leave its mark on the life 
and institutions of its people. 



Struggle: i<or SiiTTi,E:ME:NT 89 



SUGGESTIVE QUESTIONS 
Seventh Period. 

1. What event signalized the doom and disappearance of the 
mighty herds of buffalo from the Great Plains? What effect did 
this have upon the Indian? 

2. Tell the story of the range cattle industry in Oklahoma 
between 1875 and 1889. Why was the Cherokee Strip Live Stock 
Association organized? What part did this Association play during 
the agitation of the proposed settlement of Oklahoma? 

3. Briefly review the story of Capt. David L. Payne and the 
"boomers," Recount the struggles of the "boomers" in their en- 
deavors to secure homes in Oklahoma. What qualities manifested by 
the Oklahoma "boomer" are elements of strength in the building of 
a state? 

4. What were the Unassigned Lands? Where were they sit- 
uated? 

5. When did the outbreak of the Northern Cheyennes occur? 
What causes led to the restlessness and threatened outbreak of the 
Oklahoma Cheyennes in 1885? 

6. Review the Spiechee War. 

7. Give a brief history of No-Man 's-Land. 

8. Briefly outline the contest in Congress between 1884 and 
1889 for the opening of Oklahoma to settlement. By what means was 
the measure finally passed through Congress? 

9. When was the Oklahoma country opened to settlement? Tell 
the story of the settlement. 

10. What railroad building was done in Oklahoma during this 
period? 



90 



History of Oklahoma 



! >i s „ c ?; r.'D > 




x2o.oa.^s: t/j a<n 



EIGHTH PEKIOD 

(1889-1907) 



DEVELOPMENT OF THE TWO TEKRITORIES. 

The Wilderness Transformed. — Spring was already far 
advanced when the Oklahoma country was opened for set- 
tlement, yet many of the settlers plowed ground and planted 
corn, cane and garden seeds on the sod before attempting 
to erect temporary homes. Later in the season, prairie hay 
was cut and stacked and, in the fall, a few small fields of 
wheat were sown. In the towns and villages, tents and 
shanties, which served temporarily for business houses and 
liomes, soon gave place to substantial buildings. Mean- 
while the people were dwelling quietly with no other law 
than that represented by the presence of numerous deputy 
United States marshals, and several companies of troops of 
the regular army. 

City Governments Organized. — True to the instincts and tradi- 
tions of the Anglo-Saxon race, the need of some form of municipal 
government was felt, and in several of the larger towns provisional 
city or village governments were effected by conventions and elec- 
tions. Though lacking in the power of municipalities created by duly 
constituted authority, those organizations largely accomplished the 
desired ends by the wholesome influence which they exerted. 

Attempt to Organize the Territory. — About a month 
after Oklahoma was opened to settlement, a call was issued 
for a convention to meet at Guthrie, July 17, to plan for 
the organization of a territorial government. Many were 
opposed to this movement, believing that the people should 
wait until Congress (not as yet in session since the open- 



92 



History of Oklahoma 



ing) enacted the necessary legislation. The result was two 
conventions, one of which met at the town of Frisco and 
adopted resolutions of protest against the proposed terri- 
torial organization, and another which met at Guthrie, where 
after much disputing, it adjourned to meet again a month 
later. 




FIRST POSTOFFICE AT OKLAHOMA CITY, APRIL 16, 1S89 



Congress Slow to Act. — When Congress met in Decem- 
ber, 1889, a strong delegation of Oklahoma people was pres- 
ent, with memorials and petitions, to urge the prompt pas- 
sage of an act providing for the organization of the Terri- 
tory of Oklahoma. But Congress was deliberate and the 
people of Oklahoma had to wait five long months for the 
passage of a bill which undoubtedly should have been passed 
before the Christmas recess. The bill by Avhich it was 
proposed to provide for the organization of a territorial 
form of government was not greatly different from the acts 
under which other territories had been organized. The 
people of Oklahoma were very impatient at the seemingly 



DKVKLOPMKNT of Tilt: Two TlvRKlTURlJiiS 



93 




unnecessary delay. The Organic Act was approved by the 
president and became a law, May 2, 1890. 

The Organic Act. — The Organic Act provided that the 
territorial government should consist of executive, legisla- 
tive and judicial departments. 
The governor and secretary of 
the territory were to be appointed 
by the president of the United 
States ; the other executive officers 
to be chosen by the governor. The 
Territorial Legislative Assembly 
consisted of two branches, a coun- 
cil of thirteen members and a 
house of representatives of twen- 
ty-six members. The Territorial 
Supreme Court, as originally con- 
stituted, consisted of one chief 
justice and two associate justices, george w. steei.e 
all to be appointed by the president. They served also as 
judges of the district courts. The Supreme Court of Okla- 
homa was afterward enlarged, first to five and still later to 
seven members. 

Counties Established by the Organic Act. — The Organic Act pro- 
vided that there should be seven counties organized in the new ter- 
ritory, the same to be designated by number until names should be 
adopted by the people. They were as follows: County Number One 
(Logan); Number Two (Olclahoma) ; Number Three (Cleveland); 
Number Four (Canadian); Number Five (Kingfisher); Number Six 
(Payne); and Number Seven (Beaver). Governor Steele appointed 
a full set of county officers for each of these counties. By tlie terms 
of the Organic Act, the statutes of Nebraska were adopted as the 
laws of the Territory of Oklahoma until otherwise provided by the 
Territorial Legislative Assembly. 

Territorial Government Installed. — Immediately after 
the approval of the Organic Act, President Harrison ap- 
pointed the first territorial officers. George W. Steele, 
of Indiana was named as governor. Governor Steele came 
immediately to Guthrie, which had been designated as the 
temporary capital, and entered upon the discharge of his 
official duties May 22, 1890. 



94 



History of Oklahoma 



The First Legislature. — In compliance with the terms 
of the Organic Act, Governor Steele issued a proclamation 
July 8, 1890, calling an election to be held August 5, for 
the purpose of choosing the members of the First Territorial 
Legislative Assembly. The campaign was a short one. Party 
lines were not very closely drawn, as local questions, such 
as the location of the capital and the public institutions. 




THE FIRST OKLAHOMA LEGISLATURE, 1S90 



entered largely into consideration. The two houses of the 
Assembly met at Guthrie and organized on the 29th of 
August. 

Doings of the First Legislature. — Shortly after the Leg- 
islative Assembly met and organized, a bill was introduced 
the purpose of which was to establish the capital of the 
Territory at Oklahoma City. The measure passed both 
houses but was vetoed by Governor Steele. A similar meas- 
ure, providing for the removal of the capital to Kingfisher, 
met the same fate. After wasting a large part of the session 
in wrangling over the location of the capital, the Assembly 




Development of the Two Territories 95 

found time to attend to other business. The statutes of 

Nebraska, which had been made to apply in Oklahoma l)y 

the Organic Act, were amended and modified to suit local 

needs and conditions. Provision 

was made for the establishment of a 

territorial university at Norman, an 

agricultural and mechanical college 

at Stillwater, and a normal school 

at Edmond. The legislative session 

ended in February. 

Election of a Delegate to Con- 
gress. — The Organic Act provided 
that Oklahoma should have a dele- 
gate in Congress, who should have all david a. harvey 
the rights and privileges of a mem- 
ber of the House of Representatives except that of voting. 
The Republicans nominated David A. Harvey, of Oklahoma 
City, for the unexpired part of the Fifty-first Congress, and 
for the full term of the Fifty-second Congress. The Demo- 
crats nominated James L. Matthews, of Payne County, for 
the short term, and Joseph G. ]\IcCoy, of El Reno, for the 
full term. The election in November resulted in the choice 
of Mr. Harvey for both terms. 

Leasing the School Lands. — During Governor Steele's 
administration arrangements were made for the leasing of 
the school lands to people who would occupy and improve 
them. The money received from this source was divided 
among the various counties in proportion to their school 
population and used for the support of the public schools. 

Steele Resigns — Seay Appointed. — Governor Steele hav- 
ing tendered his resignation, to take effect on the appoint- 
ment of his successor, President Harrison appointed Justice 
A. J. Seay, of the Oklahoma Supreme Court, as governor 
of the Territory, October 18, 1891. 



96 



History of Oklahoma 



Political Campaign of 1892. — There were three tickets 
in the field in Oklahoma during the campaign of 1892. The 

Democrats nominated 0. H. Travis 
for delegate to Congress. The 
Populist nominee was N. H. Ward. 
The Republican candidate was 
Dennis T. Flynn, of Guthrie. The 
Republicans were successful, elect- 
ing the delegate to Congress and 
a majority of each branch of the 
Legislative Assembly. 

The Second Legislative Assem- 
bly. — The second session of the 
Territorial Legislative Assembly 
convened at Guthrie in January, 

1893. The session was a comparatively quiet one though a 

large number of laws were passed. 




ABRAHAM J. SEAT 



Seay Removed — Renfrow Appointed 

beginning of President C 1 e v e - 
land's administration in May, 
1893, Governor Seay was removed 
from office and William C. Ren- 
frow, of Norman, was appointed 
to fill the vacancy. 



-Shortly after the 



The Dawes Commission. — No- 
veml)er 1, 1893, Ex-Senator Henry 
L. Dawes, of Massachusetts, Mere- 
dith II. Kidd, of Indiana, and 
Archibald S. McKennon, of Ar- 
kansas, were appointed by Presi- 
dent Cleveland as members of the 
commission to treat with the In- 
dians of the civilized tribes with a 
ments to take land in severalty and give up the privilege 




WILLIAM C. RENFROW 



view to securing agree- 



De:velopment 01^ the: Two Tr:RRiTORiF:s 



97 



of maintaining independent tribal governments. The Dawes 
Commission succeeded the commission, which, during Presi- 
dent Harrison's administration, successfully negotiated sim- 
ilar agreements Avith the tribes in Oklahoma Territory. 

Political Campaign of 1894. — Dennis T. Flynn was re- 
nominated for delegate to Congress by the Republican ter- 
ritorial convention in 1894. The Democratic nominee was 
Joseph Wisby, of Guthrie. The Populist candidate was 
Ralph Beaumont. The election resulted in the return of 
Delegate Flynn for another term. The Republicans elected 
a majority of each branch of the Legislative Assembly. 

Greer County. — By a decision of the United States Su- 
preme Court in 1895, the Greer County lands, which had 
long been claimed as a part of Texas, were declared a part of 
Oklahoma. 




RACE FOR CLAIMS. SEPTEMBER 16, 1S93 

Purchase of Other Indian Lands for Settlement.— With- 
in a year after the opening of Oklahoma to settlement, the 
Government had offered to buy the surplus lands of the 
Iowa, Sac and Fox, Pottawatomie-Shawnee, Kickapoo and 
Cheyenne-Arapaho Indian reservations and also all of the 
lands of the Cherokee Outlet. The work of persuading the 



98 



History of Oklahoma 



Indians to accept allotments of land and to sell what was 
left (so that it might be thrown open for white settlement) 
was tedious. The Iowa, Sac and Fox and Pottawatomie- 




THE TOWN of PERRY THE NEXT DAY AFTER THE OPENING 
OF THE CHEROKEE STRIP 




I'ElUiY AS IT APPEARI':D THE SECOND WEEK AFTER TIH': 
OPENING OF THE CHEROKEE STRIP 



Shawnee reservations were the first to be opened for settle- 
ment under such agreements, the date of their opening being 
September 22, 1891. The Cheyenne and Arapaho reserva- 



Development of the Two Territories 



99 



tion was opened to settlement April 19, 1892. The Chero- 
kee Strip and the surplus lands of the Pawnee reservation 
were opened for settlement September 16, 1893. The surplus 
lands of the Kickapoo reservation were opened to settle- 
ment May 25, 1895. In all of these openings, the people made 
a race for homestead claims at a given signal, as they did 
in the opening of the Unassigned Lands. 

United States Court in the Indian Territory. — Congress 
passed an act (approved March 1, 1889) providing for a 
United States Court at Muskogee, Gen. James M. Shackle- 
ford, of Indiana, being appointed as judge. Six years later 
the number of Federal judges and districts was increased 
from one to three and in 1897 a fourth judge and district 
were added. An attorney, clerk, marshal and a full comple- 
ment of court employees were provided in each district. 
In 1904, the appointment of an additional judge for each 
district was authorized. 

The Political Campaign of 1896. 
— The presidential campaign of 
1896 had its effect in Oklahoma, 
though the people of the Territory 
had no voice in national affairs. 
Delegate Dennis T. Flynn w^as re- 
nominated by the Republicans. 
The Democrats and Populists 
united in nominating James Y. 
Callahan, of Kingfisher County. 
Mr. Callahan was elected. The 
fusion forces elected every mem- 
ber of the upper house and all but 
one of the members of the lower james y. callahan 
house of the Legislative Assembly by pluralities aggregat- 
ing ten thousand. 

Barnes Succeeds Renfrew as Governor. — As the term 
of Governor Renfrow drew to a close, considerable interest 
was manifested by the people of Oklahoma in the selection 
of his successor by the new president, AVilliam McKinley. 




100 



History of Oklahoma 




CASSIUS M. BARNES 



The most active aspirant for the 
appointment was Cassius M. 
Barnes, of Guthrie. The selection 
of Dennis T. Flynn, who had been 
defeated in his race for re-election 
as delegate to Congress in the pre- 
ceding election, was urged by 
many citizens of Oklahoma. Mr. 
Barnes was appointed. The in- 
auguration of the new governor 
occurred May 24, 1897. 

The Two Territories in the Span- 
ish War. — The outbreak of the 
Spanish-American War, in the 
spring of 1898, found thousands of young men in the Indian 
Territory and Oklahoma who were eager to enlist in the mili- 
tary service. Under the first call for volunteers, two troops of 
cavalry were authorized, one in each territory. Under the 
second call for volunteers, Oklahoma was permitted to raise a 
battalion of four companies, which became a part of the First 
Regiment of Territorial Volunteers, the other two battalions 
being raised in Arizona and the Indian Territory and New 
Mexico. A number of young men in both Indian Territory 
and Oklahoma also enlisted in the volunteer service from 
adjoining states. 

The Atoka Agreement. — The Dawes Commission reached 
an agreement with the representatives of the Choctaw and 
Chickasaw nations, April 23, 1897, whereby the lands of 
the Choctaws and Chickasaws were to be allotted in sever- 
alty to the members of those tribes. The Atoka Agreement, 
as it has always been called, marked the dawn of a great 
change in the Indian Territory and the decline of the author- 
ity and influence of tribal governments followed. 

The Curtis Act.— The law commonly known as the Cur- 
tis Act, by the terms of which the United States government 
undertook to close up the affairs of the tribal governments 



7—0. II. 



Development oi? the Two Territories 101 

of the five civilized tribes, followed as a natural consequence 
after the several tribal agreements to the allotment of lands. 
The Curtis Act provided for a number of sweeping changes, 
including the substitution of federal courts for all tribal 
courts, the surveying and platting of townsites and the sale 
of town lots, the enrollment of all tribes by the Dawes Com- 
mission and the definite determination of tribal citizenship, 
the allotment of lands, the leasing of mineral lands, the in- 
corporation of cities and towns and Federal control of tribal 
schools. This law went into effect two days after its pas- 
sage and approval (June 28, 1898), but many months passed 
before some of its provisions could be enforced. 

Political Changes. — In 1898 the Republicans re-nom- 
inated Dennis T. Flynn for delegate to Congress. The Demo- 
cratic-Populist nominee was James R. Keaton of Oklahoma 
City. Mr. Flynn was elected. At the same time a large 
majority of the members elected to each branch of the Terri- 
torial Legislative Assembly, w^ere Republicans. 

Work of the Dawes Commission. — The duties of the 
Dawes Commission during the first three years of its exist- 
ence were entirely confined to efforts to persuade the In- 
dians of the five civilized tribes to accept the allotment 
of their lands. In 1896 the Commission was empowered 
to investigate and decide upon all tribal membership rolls 
and citizenship claims. This authority was increased and 
extended by the provisions of the Curtis Act, which clothed 
the Commission with power to supervise the work of allotting 
lands to members of the tribes. 

Railroad Construction. — The years of 1889 and 1890 saw 
railroad building resumed in Oklahoma and the Indian Ter- 
ritory. From 1891 to 1897 there was but little done in that 
line in either territory. The greatest railroad development 
in the history of the two territories took place between 
1898 and 1904. 

Population in 1900. — According to the Federal census of 
June, 1900, the Indian Territory had 392,060 inhabitants 



102 



History of Oklahoma 



and Oklahoma had 398,331. The largest town in the terri- 
tories had a population of barely 10,000. 

The Free Homes Bill Passed.— June 17, 1900, the meas- 
ure which provided for free homesteads to the settlers on 
the Iowa, Sac and Fox, Cheyenne, Arapaho and Potta- 
watomie reservations and the lands of the Cherokee Strip, 
was finally passed and approved. It was authoritatively 
stated at the time that the passage of this measure saved 
the people of Oklahoma fifteen million dollars. 

Political Campaign of 1900. 

— Delegate Flynn was again 
nominated by the Republicans. 
The Democrats and Populists 
nominated Robert A. Neff, of 
Kay County. The election re- 
sulted in the choice of Mr. Flynn 
for another term. The Demo- 
crats elected a majority of the 
members of the upper house of 
the Legislative Assembly, and 
the Republicans elected a ma- 
jority of the members of the 
lower house. 

The Statehood Question. — 

The agitation of the question of 
statehood for Oklahoma began 
quite early in the history of the new territory. Soon after the 
Fifty-third Congress met, in December, 1893, Delegate Flynn 
introduced the first statehood bill in the House of Represen- 
tatives. From that time on, the question was prominently 
before the people of Oklahoma and Indian territories con- 
tinuously until the final passage of the Enabling Act, more 
than a dozen years later. Many people favored the admis- 
sion of each territory as a state, or "separate statehood," 
as it was commonly called. Others advocated the ''single 
statehood" plan, Avhich was to have the two territories ad- 




DENNIS T. FLYNN 



Devklopment 01^ TiiR Two Territories 



lo: 



mitted as one state. The struggle between the partisans of 
these two plans did not end until the final passage of the 
Enabling Act which provided for the admission of Oklahoma 
as a state. 

The Crazy Snake "Uprising". — Considerable excite- 
ment was occasioned in the Indian Territory in the early 
part of 1901, by rumors of an "uprising" among some of 
the Creek Indians led by Crazy Snake. Although the dan- 
ger of an outbreak probably originated in the mind of a 
newspaper correspondent, it caused the Government to send 
troops to the Creek country. 

Discovery of Oil and Gas. — Early in 1901, prospectors 
who had been boring for oil and gas in the vicinity of Red 
Fork, Tulsa, Sapulpa and other towns in the Creek Nation, 
began to secure results which exceeded their most sanguine 
expectations. The development of the oil and gas industry 
in Eastern Oklahoma dates from 
that time, though considerable 
prospecting work had been done 
some years earlier. 

William M. Jenkins Appointed 
Governor. — At the expiration of 
Governor Barnes' term. President 
McKinley appointed as his succes- 
sor William M. Jenkins, who had 
been secretary of the territory 
for four years. 

Opening of the Kiov^a-Comanche 
and Wichita- Caddo Reservations. 

— The long delayed opening of the 
reservations of the Kiowas, Comanches, and Apaches of the 
Plains and of the Wichitas, Caddoes and affiliated tribes, 
embracing 3,460,000 acres of land, was finally consummated 
in the summer of 1901. In order to prevent the disorders 
which had attended former land openings, the secretary of 
the Interior directed that all persons desiring to take up 
liomestcads on the surplus lands of tliese reservations should 




WILLIAM M. JENKINS 



104 



History o^ Oklahoma 



be allowed to register; that the names so registered should 
be written on cards and enclosed in envelopes, which envel- 




BOXES IN WHICH ENVELOPES CONTAINING NAMES REGIS- 
TERED FOR HOMESTEAD LOTTERY WERE SHUFFLED 

opes were to be thoroughly shuffled and then drawn out 
and numbered, the applicants being allowed to file on claims 
at the land office in the order which their names were thus 
drawn. Two general registration offices were opened, one 
at El Eeno and one at Fort Sill. Registration began July 
9, and the drawing began August 6. Over 160,000 persons 
registered. The whole proceeding was carried on in an 
orderly manner and in striking contrast with some of the 
scenes which characterized earlier 
land openings. 

Ferguson Succeeds Jenkins. — 
Charges having been preferred 
against Governor Jenkins, he was 
removed from office by President 
Roosevelt, November 30, 1901. 
Thompson B. Ferguson, of Blaine 
County, was immediately ap- 
pointed as his successor. 

The Sequoyah Constitutional 
Convention. — In the summer of 
1905, the principal chiefs of the 
five civilized tribes united in issu- ^..^^.^ 

-- - . THOMPSON B. FERGUSON 

ing a call tor a convention to 

frame a constitution under which it was proposed to ask for 




Dl^VKLOPMI^NT OF TIIE Two Tl^RRITORIIiS 



105 




BIRD S. McGUIRE 



the admission of the Indian Territory into the Union as a 

state. The convention met at Mus- 
kogee. The session lasted for sev- 
eral weeks. A constitution was 
framed for a state to be composed 
of the reservations then included 
in the Indian Territory, the same 
to be known as the state of Se- 
quoyah. It was submitted to the 
people of the Indian Territory for 
ratification but the vote was dis- 
appointingly small. 

McGuire Elected to Congress. 

— The Republicans of Oklahoma 
nominated Bird S. McGuire, of 
Pawnee, for delegate to Congress, 
on a platform favoring immediate statehood for Oklahoma 
Territory, independent of any action that might be taken 
with reference to the admission of the Indian Territory. 
The Democrats nominated Wil- 
liam M. Cross, of Oklahoma 
City, their platform favoring sin- 
gle statehood for Oklahoma and 
the Indian Territory combined. 
The campaign, Avhich was a hotly 
contested one, resulted in the elec- 
tion of Mr. McGuire by a plurality 
of less than four hundred. The 
Republicans elected a majority of 
the members of the upper house 
of the Territorial Legislative As- 
sembly, and the Democrats se- 
cured a majority of the members 
of the lower house. In 1904, Delegate McGuire was re- 
nominated by Republicans. The Democrats nominated 
Frank Matthews, of Greer County. Mr. McGuire was re- 




FRANK FRANTZ 



106 



History of Oklahoma 



elected. The Republicans also elected a majority of each 
branch of the Legislative Assembly. 

Frank Frantz Appointed Governor. — Governor Fergu- 
son's term having expired, President Roosevelt in January, 
1906, appointed Capt. Frank Frantz, of Enid, to succeed 
him. 

Statehood for Oklahoma. — At the beginning of the first 
session of the Fifty-ninth Congress, statehood bills were in- 
troduced in both houses of Congress. The House of Repre- 
sentatives passed a bill which was known as the Omnibus 
Statehood Bill, providing for the admission of two states, 
one to be composed of the Indian Territory and Oklahoma 
combined, and the other to be formed by uniting Arizona 
and New Mexico. The Senate passed a bill which provided 
for the admission of Oklahoma and the Indian Territory as 
one state. A compromise was finally effected, by means of 
which the question of single statehood for Arizona and New 
Mexico was left to a vote of the citizens of those territories. 
Thus amended, the Omnibus Statehood Bill passed both 
houses and became a law June 14, 1906. This Enabling 
Act, as it was called, authorized the people of Oklahoma and 
Indian Territory to form and adopt a state constitution. 

Election of Delegates. — The elec- 
tion of delegates to the Constitu- 
tional Convention was held Novem- 
ber 6, 1906. Although local ques- 
tions entered into the election in a 
few districts, party lines as a rule 
were closely drawn. Out of a total 
of 112 delegates, 100 were Demo- 
crats and 12 were Republicans. 

The Making of a Constitution. — 
The Constitutional Convention 
met at Guthrie, November 20, 
1906. William II. Murray was 
elected president of the conven- william h. Murray 




Devklopmknt of tiii$ Two Tkrritoriks 107 

tion. It was in session continuously, with the excep- 
tion of a brief Christmas recess, until the latter part 
of April, 1907, when it adjourned subject to the call 
of President Murray. Keconvening in July, the conven- 
tion modified some parts of the text of the Constitution 
already drafted and adopted an ordinance providing for 
an election to be held September 17, at which state officers 
were to be chosen at the same time the Constitution was 
to be voted upon. 

The First State Campaign. — Each party held a state 
convention and put a full state ticket in the field. The 
Democratic ticket was headed by Charles N. Haskell of 
Muskogee, for governor. Its platform was a strong en- 
dorsement of the Constitution and the party made the adop- 
tion of that instrument its one great issue. The Kepublicans 
nominated Frank Frantz, territorial governor of Oklaho- 
ma, for governor of the state. The Eepublican platform de- 
clared for statehood, but condemned the proposed Consti- 
tution. The campaign which followed was distinguished 
for earnestness and enthusiasm, several party leaders of 
national prominence participating. The election resulted 
in the adoption of the constitution by an overwhelming ma- 
jority and a signal victory for the Democrats, who elected 
their entire state ticket, four of the five congressmen, and 
a large majority of both branches of the State Legislature. 

The Constitution Approved. — President Roosevelt ap- 
proved the constitution which had been adopted by the 
people of Oklahoma and set Saturday, November 16, 1907, 
as the day for the inauguration of state government, thus 
ending the long probationary period of the new common- 
wealth. 

Prohibition. — Besides accepting the conditions with ref- 
erence to the prohibition of the liquor traffic in the Indian 
reservations, imposed by the Enabling Act, the Constitu- 
tional Convention submitted the question of state-wide pro- 
hibition as a separate constitutional proposition to be voted 
upon at the same time as the Constitution. This separate 



108 History of Oklahoma 

clause was adopted by a majority of over 18,000 votes and 
the prohibition lav^^ went into effect the day that state gov- 
ernment was inaugurated. 

Summary. — This closes the story of the making of a 
state. It differs in many respects from the territorial his- 
tories of other states. Oklahoma is the first and only state 
to be formed by the union of two territories. No other 
state had half a million inhabitants at the time of its ad- 
mission into the Union; Oklahoma had nearly three times 
that many. Some states had longer territorial periods; 
others were admitted after shorter terms of territorial ex- 
perience. Not one of them has a more interesting story or 
one more worthy of the attention of the student. 



DkVI'XOPMKNT of TJilv Two Tj'RlUTURilCS. lUU 

SUGGESTIVE QUESTIONS 
Eighth Period. 

1. What was the Organic Act? When was it passed? Tell 
about the organization of the Territory of Oklahoma. Who was the 
first governor of Oklahoma? 

2. How many counties did Oklahoma have when it was first 
organized? How many members did each branch of the Territorial 
Legislative Assembly have? Where was the temporary capital of 
Oklahoma established? Tell about the fight for the removal of the 
capital. 

3. Who was the first delegate to Congress from Oklahoma? 
Who was the second governor of the Territory? What is the differ- 
ence between a delegate from a territory and a congressman from 
a state? 

4. What Indian reservations were opened to settlement in Sep- 
tember, 1891? In April, 1892? When was the Cherokee Strip opened 
to settlement? 

5. Who was the third governor of Oklahoma Territory? Who 
was the second delegate to Congress from Oklahoma? 

6. When was the first United States court established in the 
Indian Territory? When did tribal courts cease to exist? 

7. What was the Atoka Agreement? To what great changes ii 
the Indian Territory did the operation of the Curtis Act lead? 

8. When did the agitation for statehood first begin? What was 
the difference between ''single statehood" and ''double statehood?" 
Tell about the struggle for statehood.' 

9. When was the Kickapoo reservation opened to settlement? 
When were the Kiowa-Comanche and Wichita-Caddo reservations 
thrown open to settlement? In what particular did the method of 
opening the last reservations differ from the previous land openings? 

10. Tell about the leasing of the school lands. What was the 
Free Homes Bill? When did it finally pass Congress and become a 
law? What did it mean to the people of Oklahoma? 

11. What was the Dawes Commission? Tell what you know 
of the duties which it had to perform. When did the Federal Gov- 
ernment assume control of the schools of the Indian Territory? 

12. When did the era of rapid development in railway con- 
struction in the two territories begin? When were the first discov- 
eries of oil and gas made in the Indian Territory? What effect did 
these discoveries have on the growth and development of the ter- 
ritories? 

13. Name the governors of Oklahoma Territory which have not 
already been mentioned. Name the delegates to Congress which have 
not already been mentioned. 

14. What was the Enabling Act? When did it become a law? 
When and where did the Constitutional Convention assemble? When 
was the constitution adopted by vote of the people? When was it 
approved by President Roosevelt? When did statehood become an 
accomplished fact? 



NINTH PERIOD 

(1907) 



OKLAIIOxMA UNDER STATE GOVERNMENT. 



Statehood Ushered In. — On November 16, 1907, the day 
appointed for the inauguration of state government, a great 
concourse of people gathered at Guthrie from all parts of 
the state. All of the state officers 
were sworn in and, amid general 
rejoicing, the two territories were 
reunited to form a single state of 
the American Union. 

The First Legislature. — The 

First Legislature of the new state 
assembled at Guthrie two weeks 
after the inauguration of the state 
officers. 

Election of United States Sena- 
tors. —Robert L. Owen, of Mus- 
kogee, and Thomas P. Gore, of 
Lawton, who had been nominated 

in the Democratic state primaries, were elected by the Legis- 
lature as the first United States senators from the new state. 

Political Campaign of 1908. — The people of Oklahoma 
took part in a national election for the first time in Novem- 
ber, 1908, the seven presidential electors chosen being Demo- 
crats. Of the five congressmen elected from Oklahoma at 




CHARLES N. HASKELL 



lis 



History of Oklahoma 




THOMAS p. gore 



the same time, three were Republicans and two were Demo- 
crats. A majority of the members of both branches of the 
Legislature were Democrats. 

Second Legislature. — The Sec- 
ond Legislature convened at Guth- 
rie, in January, 1909. Thomas P. 
Gore was elected to succeed him- 
self as United State senator for 
the full term of six years. The 
Legislature met in extra session in 
January, 1910. 

Removal of the Capital to Okla- 
homa City. — Initiated bills having 
been petitioned, a special election 
was called for June 11, 1910. One 
of these measures proposed an 
amendment to the state constitu- 
tion providing for the location of 
the permanent capital of the state. The other proposed the 
cities of Guthrie, Oklahoma City and Shawnee as candidates 
for the permanent capital of the 
state. The election closed a hard 
fought campaign. The amend- 
ment was adopted and Oklahoma 
City was chosen as the permanent 
capital by a substantial majority. 

Political Campaign of 1910. — 

The state primary election re- 
sulted in the selection of Lee 
Cruce, of Ardmore, as the Dem- 
ocratic candidate for governor, 
while the Republicans selected 
Joseph W. IMcNeal, of Guthrie, as lee cruce 

their nominee. The election in November resulted in the 
choice of Mr. Cruce and the entire Democratic ticket. The 
Democrats also elected three out of five congressmen and a 
majority of the members of each branch of the legislature. 




Oklahoma Undkr State: Government 



113 



Special Legislative Session. — The initiated bill by which 
the capital had been located at Oklahoma City having been 
invalidated by the courts, the Legislature was called to 
convene in Oklahoma City in December for the purpose of 
locating the permanent capital of the state. By a large ma- 
jority the members of the Legislature voted to locate the 
permanent capital of the state at Oklahoma City. 

The Third Legislature. — The Third Legislature held its 
regular session at Oklahoma City. One of the most im- 
portant measures passed was the one by which the control 
of all of the state educational institutions (except the agri- 
cultural schools) was placed in the hands of the State Board 
of Education. 

Political Campaign of 1912. — By the new apportionment, 
Oklahoma was given eight representatives in Congress. 
Three of these w^ere to be elected at large. The election re- 
sulted in the return of six Democratic congressmen (includ- 
ing the three representatives at large) and two Republican 

congressmen. The Democrats also 

elected a large majority of both 
branches of the Legislature. The 
electoral vote of the state was 
given to Wilson and Marshall, the 
Democratic nominees for presi- 
dent and vice-president. An ini- 
tiated bill, proposing the removal 
of the capital from Oklahoma City 
back to Guthrie, was defeated. 

The Fourth Legislature. — The 
Fourth Legislature convened in 
regular session in Oklahoma City 
in January, 1913. Robert L. Owen 
was re-elected to the United States 
Senate. Having received a majority of the popular vote, he 
was accorded the unanimous vote of all members of the Leg- 
islature. As the Legislature did not complete its work with- 
in the time allowed for its regular session, it was called in 




ROBERT L. OWEN 



114 History of Oki^ahoma 

special session immediately after the regular session ad- 
journed. The state was re-districted into eight congres- 
sional districts and a commission was selected to supervise 
the work of building a state capitol. The funds derived 
from sale of the unused portion of the state building lands 
were set aside for consolidated rural schools. A complete 
code of school laws was adopted. For the first time in the 
history of Oklahoma, impeachment proceedings were re- 
sorted to by a legislative body. Formal charges having been 
entered, impeachment proceedings were instituted against 
three state officials. Two of these resigned and the trial 
of the third resulted in his removal from office. 



SUGGESTIVE QUESTIONS 

NINTH PERIOD 

1. When was the state government of Oklahoma inaugurated? 
Where did the inauguration ceremonies take place? Who was the 
first governor of the state? 

2. When did the First Legislature meet? Who were elected 
United States Senators by the First Legislature? 

3. For whom did Oklahoma cast its first electoral vote for 
presid mt of the United States? Who was elected United States 
senator from Oklahoma by the Second Legislature? When was the 
special election held for the removal of the capital from Guthrie to 
Oklahoma City? 

4. Who were the party nominees for governor of the state in 
1910? Who was elected? How was the capital again located at Okla- 
homa City? What was one of the most important acts of the Third 
Legislature? 

5. How many representatives in Congress were given to Okla- 
homa under the new apportionment in 3912? For whom was the 
state's electoral vote cast for president in the general election of that 
year? What was the result of the second election on the location of 
the state capital? 

6. Who was elected to the United States Senate by the Fourth 
Legislature? Mention two important acts passed by the Fourth Leg- 
islature. 



APPENDIX 



THE GREAT SEAL OF OKLAHOMA 

Each of the Five Civilized Tribes had a great seal, which was 
attached to its official documents just as such seals are used by the 
public officials of the various states and territories. When the Terri- 
tory of Oklahoma was organized, the first session of the Legislative 
Assembly made provision for a great seal, which was in use con- 
stantly up to the change from Territorial to State government. 

While the Sequoyah Constitutional Convention was in session, 
at Muskogee, Eev. A. Grant Evans, who was then president of Henry 
Kendall College, was asked to suggest a design fov a seal for the pro- 





posed state of Sequoyah. Dr. Evans designed and had carefully drawn 
a five pointed star. In the angles of the star were placed the tribal 
seals of the Five Civilized Tribes. Above the star and between the two 
upper points was a half-length figure of Sequoyah holding a tablet 
upon which appeared the words "We are Brothers" in the Cherokee 
text. In the other spaces between the points of the star were placed 
forty-five small stars, emblematic of the constellation to which a 
forty-sixth was to be added. 

During the session of the Oklahoma Constitutional Convention, 
among the members of the committee which was named to design a 
great seal for the new state was Gabe E. Parker, a Choctaw Indian, 
a graduate of Spencer Academy (one of the oldest Choctaw schools), 



116 



History oi^ Oklahoma 



and of Henry Kendall College. Mr, Parker wrote to Dr. Evans for 
snggestions. The latter responded by calling attention to the design 

of the great seal for the proposed state 
of Sequoyah, and suggesting that the 
adaption of the same might not be in- 
appropriate. This suggestion was sub- 
stantially followed in the designing of 
a great seal for the state of Oklahoma 
wherein the great seal of the proposed 
State of Sequoyah was combined with 
that of the Territory of Oklahoma. The 
position of the star was so changed that 
one point stood vertically upward in- 
stead of one point being vertically 
downward, as was the case in the seal 
of Sequoyah. The five tribal seals were 
placed in the angles of the star as be- 
fore, with the seal of the Territory of 
Oklahoma in the center. This design 
also admitted of a more symmetrical ar- 
rangement of the forty-five stars in five groups in the spaces between 
the points, putting nine in each group. In the surrounding circle 
were placed the words, ' ' Great Seal of the State of Oklahoma, ' ' 
and the date, '^1907.'' 




GABE E. PARKER 



THE vSTATE FLAG OF OKLAHOMA 



The flags of no less than six nations have waved over Oklahoma, 
in part at least, at various periods of its existence, namely, France 
(kingdom), Spain, France (republic), Mexico, Texas (independent 
republic), and the United States. During the Civil War, the Indian 
Territory saw much of the Con- 
federate flag. Stand Watie's 
Cherokee regiment carried a ban- 
ner bearing as its device the 
seven-pointed star of the Chero- 
kee Nation and there may have 
been other tribal flags in use at 
that time though definite infor- 
mation is lacking as to that. 

The Third Legislature passed 
an act in 1911, adopting an offi- 
cial state flag for Oklahoma. The 
device is as follows: A white star 
edged with blue in a red field, 
with the figures 4G in blue on the 
star. It was designed by Mrs. W. R. Clement, of Oklahoma City, 
who iDrought the matter to the attention of the Legislature. 




8—0. H. 



ArPKNDix 117 



BIBLIOGRAPHY 

Reports of the Secretary of War. 
The Kebelliou Record. 
Reports of the Secretary of the Interior. 
Reports of the Commissioner of Indian Affairs. 
Publications of the Bureau of American Ethnology. 
Collections of the Kansas Historical Society. 
Collections of the Missouri Historical Society. 
Collections of the Arkansas Historical Association. 
Publications of the Texas Historical Society. 
Journal of Jacob Fowler. 
Nuttall's Travels. 

Journal of Maj. S. II. Long's Expedition. 

Journal of Lieut. Zebulon M. Pike's Expedition to the Rocky 
Mountains. 

''The Dragoon Expedition." 
"Tour on the Prairies." Washington Irving. 
"Commerce of the Prairies." Josiah Gregg. 
Joumal of Capt. R. B. Marcy's Exploration of the Red River. 
"A Yankee Prisoner Loose in Dixie." 
"Wild Life on the Plains." Gen. George A. Custer. 
"With Sheridan's Troopers on the Border," Randolph DeB. 
Keim. 

"Indian Wars and Pioneers of Texas." John Henry Brown. 
"A Quaker Among the Indians." Thomas C. Battey. 
"Our Red Brothers." Lawrie Tatum. 
Files of McMaster's Magazine. 
Files of Twin Teiritories. 
Files of Sturm's Oklahoma Magazine. 
Files of Wide West Magazine. 

"The Plains and Their Inhabitants." Gen. Richard I. Dodge. 
Autobiography of Gen. Nelson A. Miles. 
"Hell on the Border," C. P. Sterns. 
"The Santa Fe Trail." Maj. Henry E. Inman. 
"Relations of the Cherokee Indians with the U. S. Government." 
Thomas Valentine Parker. 

"Life Among the Choctaws. " Rev. Henry C. Benson. 
Files of McCoy's "Register of Affairs in the Indian Territory." 
"Histoiy of American Missions to the Heathen." Spooner & 
Howland. 

"Life of William P. Ross." 
"History of Arkansas." Josiah H. Shinn. 
Publications of the Louisiana Historical Society. 
Publications of the New Mexico Historical Society. 
"The Texas Cattle Trade." Joseph G. McCoy. 
"A Soldier's Honor." (Biography of Gen. Earl Van Dorn.) 
"Biography of Gen. Edmund Kirby Smith." Rev. Arthur How- 
ard Noll. 

"Indian War on the Plains." Henry M. Stanley. 
"Notes on a Journey to Texas in 1854," W. B. Parke-. 
"Letters from the Frontier." Gen. George A. McCall. 
"Sequoyah, the Cherokee Cadmus." (Jeorge E. Foster. 
"Life Among the Osages. " John D. Hunter. 



INDEX 



Abert, Lieut. James J., 43. 

Absentee Shawnee Indians, 47. 

Adornment, Indian, 10. 

Anadarko Indians, 47 

Apaches of the Plains, 70, 71, 77. 

Arapaho Indians, 70, 71, 77. 

Arbuckle, Col. Matthew, 24. 

Arkansas Territory, 25 

Arkansas Eiver, Wilkinson's De- 
scent of the, 22. 

Arkansas Eiver, Navigation of, 
30, 36, 40, 41, 46. 

Atoka Agreement, The, 100. 

Attempted Settlement, 82. 

Barnes, Gov. Cassius M., 99, 100, 

103. 
Battey, Thomas C, 73. 
Beaumont, Kalph, 97. 
Black Kettle, 71. 
Blunt, Gen. James G., 54, 57, 58. 
Boggy Depot, 59. 
Boomers, 82, 83, 84. 
Boone, Capt. Nathan, 41. 
Bradford, Maj. William, 23. 
Buffalo, 3, 4, 75, 79, 80. 

Caddo Indians, 3, 47, 51. 

Capital Location, 95, 111, 112. 

Camp Supply, 71. 

Camp Napoleon, 61. 

Canby, Gen. Edward R. S., 61. 

Cantonment Gibson, 24, 25. 

Cantonment Towson, 24. 

Carruth, E. 11., 53. 

Cherokee Alphabet, 35, 37, 38. 

Cherokee Indians, 26, 30, 33, 35, 
50, 51, 61, 62. 

Cherokee Strip Live Stock Asso- 
ciation, 83. 

Cheyenne Indians^ 70, 71, 77. 

Chisholm, Jesse, 69. 

Chisholm Trail, The, 69, 78. 

Choctaw Indians, 26, 27, 33, 45, 
50, 61, B2. 

Chickasaw Indians, 26, 30, 33, 43, 
45, 50, 61, 62. 

Choutoaus, Tlie, 19. 

Chouteau's Trading Post, 39. 



Chustenahla, Battle of, 52. 
Chastotalasah, Battle of, 52. 
Cimarron Territory, 85. 
City Governments Organized, 91. 
Cleveland, President Grover, 96. 
Coal Mines, First, 75. 
Colbert, Winchester, 61. 
Comanche, Kiowa and Apache 

Eeservation Opened, 103. 
Comanche Indians, 4, 45, 47, 70, 

71, 77. 
Confederate Government, 50. 
Confederate Treaties, 50. 
Constitution Approved, 107. 
Constitutional Convention, 106. 
Constitutions, Tribal, 36, 45. 
Cooper, Gen. Douglas H., 52, 53, 

54, 57, 60, 61. 
Coronado's Expedition, 14. 
Couch, William L., 84. 
Counties Established, 93. 
Crazy Snake, 103. 
Creek or Muskogee Indians, 26, 

33, 45, 50, 51, 54, 62, 83, 103. 
Crops Cultivated by Indians, 3, 34. 
Cross, William M., 105. 
Cruce, Governor Lee, 111. 
Curtis Act, The, 100, 101. 
Curtis, Gen. R. S., 53. 
Custer, Gen. George A., 71. 

Dawes Commission, 96, ]01. 
Dawes, Henry L., 96. 
Delaware Indians, 54. 
Dogs, 5. 
Dress, Indian, 10. 

Emory, Col. William TT., 50. 

Federal Courts, 83, 99. 
Federal Invasion, 53, 54. 
Federal Wagon Train Captured, 
* 59. 
Ferguson, Governor Thompson B., 

104, 106. 
First Indian Reservation, 27. 
First Legislature, 94, 95. 
First Railways, 73. 
Flood of 1844, The, 39. 



Indkx 



11!) 



Flyiin, Dennis T., 9G, 97, 00, 101, 

102. 
Fruntz, Governor Frank, 100, 107. 
Free Homes Bill, 102. 
Freed Slaves, 67. 

French Explorers in Oklalionia, IG. 
Fur Trade, The, IG, 2G, 34. 
Furnas, Col. Kobert W., 53. 
Fort Arbuckle, 47. 
Fort Cobb, 47, 54. 
Fort Coffee, 34. 
Fort Davis, 54. 

Fort Gibson, 24, 25, 31, 51, 57, 58. 
Fort McGulloch, 53, 58. 
Fort Sill, 71. 
Fort Smith, 24, 58, 62. 
Fort Towson, 24, 58, 61. 
Fort Washita, 47, 58, 59. 
Fort Wayne, 34, 54. 

Gano, Gen. R. M., 60. 
''G.H. Williams" (Steamer) Cap- 
tured, 59. 
Grant, Gen. U. S., 72. 
Greer County, 97. 
Gore, Senator Thomas P., 110, 111. 

Harrison, President Benjamin, 87, 

93, 95, 97. 
Harvey, David A., 95. 
Haskell, Governor Charles N., 107, 

110. 
Home Guard, The Indian, 53. 
Honey Springs, Battle of, 57. 
Horses Secured by the Indian, 6. 

Indian Brigade, The, 53. 

Indian Lands Opened to Settle- 
ment, 97, 98, 99, 103. 

Indian Policy, The French, 17. 

Indian Territory, 31, 43, 49, 51, 53, 
55, 61, 69. 

Irving 's Visit, Washington, 31. 

Isparhechar, 83. 

Jenkins, Governor William M., 

103, 104. 
Johnston, Lieut. Col. Joseph E., 

43. 

Keeehi Indians, 47. 

Kickapoo Indians, 54. 

Kicking Bird, 77. 

Kidd, Meredith H., 96. 

Kiowa Indians, 4, 45, 70, 71, 74, 77. 

Kirl)y Smith, Gen. Edmund, 61. 



Languages, Indian, 11. 
Leavenworth Expedition, 31. 
Leavenworth, Gen. Henry, 31. 
Life Among the Civilized Tribes, 

46. 
Little Arkansas, Peace Council on 

the, 70. 
Lodges, 4, 5. 

Long, Maj. Stephen IL, 23. 
Louisiana Province, 18. 
Louisiana Purchase, 19, 21. 

Marcy, Capt. Randolph B., 43. 
Matthews, Frank, 105. 
Matthews, James L., 95. 
Matthews, Lieut. Col. Asa C, 61. 
McCoy, Joseph G., 95. 
McCulloch, Gen. Benjamin, 50. 
McGuire, Bird S., 105. 
Mcintosh, Col. James, 52. 
McKennon, Archibald S., 96. 
McKinley, President William, 99, 

103. 
Medicine Lodge River, Peace 

Council on the, 70. 
Migration of Indian Tribes, 26, 33 

47, 69, 81. 
Military Posts, 24, 34, 47, 70. 
Missionaries, 34. 
Murray, William H., 106, 107. 
Maxey, Gen. Samuel B., 58, 60. 

Napoleon Bonaparte, 19. 
Neff, Robert A., 102. 
Nez Perce Indians, 81. 
No-Mans-Land, 40, 85. 
Northern Boundary, 43. 
Northern Cheyenne Indians, 81. 

Okmulgee Constitution, 73. 

Oil and Gas, 103. 

Opening Day Proclaimed, 87. 

Opening of Oklahoma Authorized 

by Congress, 87. 
Opothleyohola, 51, 52. 
Organic Act, 93. 
Osage Indians, 3. 
Outlaws, 63, 75. 
Overland Cattle Trade, 69. 
Overland Trade and Travel, 39. 
Owen, Senator Ro])ert L., 110, 112. 

Pawnee Indians, 81. 
Pawnee Pique Indians, 21. 
Payne, Capt. David L., 82. 
I'eneteka Comanches, 47, 71. 



120 



History of Oki^aiioma 



Perryville Expedition, 57. 
Peace Compact, Au Indian, 60. 
Peace Councils, 62, 67, 70, 74. 
Pea Eidge, Battle of, 52, 53. 
Phillips, Col. William A., 54, 57, 

59. 
Pike, Gen. Albert, 50, 51, 53. 
Pike, Lieut. Zebulon M., 22. 
Pitchlynn, Peter P., 61, 62. 
Poison Spring, Battle of, 59. 
Political Campaigns, 94, 95, 96, 97, 

99, 101, 102, 106, 107, 110, Ul, 

112. 
Ponca Indians, 81. 
Population in 1900, 101. 
Porter, Pleasant, 83. 
Price, Gen. Sterling, 53. 
Prohibition, 107. 

Quahada Comanches, 71, 75. 
Quaker Agents, 72. 

Railway Construction, 73, 74, 85, 

101. 
Eange Cattle Industry, 80. 
Red River Expedition, Sparks, 21, 

22. 
Religious Beliefs, Indian, 12. 
Renfrow, Governor William C, 

96, 99. 
Rivalry Between France and 

Spain, 18. 
Roosevelt, President Theodore, 

104, 106, 107. 
Ross, .John, 54, 55. 
Ross, William P., 74. 
Rush for Claims, 87. 

Santa Fe Trail, 29. 

Seay, Governor Abram J., 95, 96. 

Seminole Indians, 26, 30, 45, 56. 

Sequo3'ah, 35, 36. 

Sequoyah Constitutional Conven- 
tion, 104. 

Shawnee Indians, 47, 54. 

Sibley, George C, 23. 

Simpson, Lieut. J. II., 39. 

Slavery, Abolition of, 63. 

Slavery in Oklahoma, 33, 40. 

Spanish Explorers, 14, 16. 

Spanish War, Oklahoma Soldiers 
in tSe, 100. 



Sparks, Capt. Richard, 21. 
Spiechee War, 83. 
Stand Watie, Gen., 53, 55, 59, 60. 
Statehood Bill Passed, 106. 
Statehood Question, 102. 
Steamboat, The First, 30. 
Steele, Gen. Frederick, 59. 
Steele, Gen. William, 55, 57, 58. 
Steele, Governor George W., 93, 

94, 95. 
Stokes, Governor Montfort, 33. 

Tatum, Lawrie, 72. 

Tecumseh, 24. 

Tepees, 4, 5. 

Territorial Organization, 69, 81, 

85, 86, 91, 93. 
Texas Cession, The, 40. 
Tonkawa Indians, 47, 54. 
Tour on the Prairies, A, 31. 
Trade Among the Indians, 40. 
Trading Post, The First, ]9. 
Trappers and Traders, French, 16. 
Travis, O. H., 96. 



Unassigned Lands, 81, 
Union Mission, 25. 
ITte Indians, 3. 



Van Dorn, Gen. Earl, 53. 
Viana, Capt. Francisco, 21. 



Waco Indians, 47. 

Walker, Col. Tandy, 59. 

Ward, N. H., 96. 

Wars, Indian, 19, 25, 34, 45, 70, 71, 

73, 75, 77, 81, 84. 
Washington Irving, 31. 
Weapons, Indian, 6. 
Western Cherokees, 30, 35. 
Whirlwind, 76. 
Wichita-Caddo Reservation 

Opened, 103. 
Wichita Indians, 3, 21, 33, 47, 51. 
Wier, Col. William, 53. 
Wild Game Used as Food by the 

Indians, 3. 
Wilkinson, Lieut. James B., 22. 
Wisby, Joseph, 97. 



GOVERNMENT 

==IN — 

OKLAHOMA 



By 

SyM^^AKRETT, B. S., A. M. 

Professor of Education 

m the School of Education, University of Oklahoma, 

And 

Author of Barrett's Practical Pedagogy, 

Geronimo's Story of His Life, 

Mocco : An Indian Boy, 

Hoistah: An Indian Girl, 

Etc. 



WARDEN COMPANY, OKLAHOMA CITY 
1914 



Copyright, 1914, by 
The Warden Printing Company 



PREFACE 

In preparing this text I have had in mind the needs of 
the pupils in the elementary schools of Oklahoma. Many 
of these children may not attend high school and should 
therefore receive some training in citizenship before com- 
pleting the elementary schools. 

It is the purpose of this text to develop in the chil- 
dren of Oklahoma some appreciation of membership in 
the state, and to acquaint them with the rights and 
duties arising from such membership. 

S. M. BARRETT, 

Norman, Oklahoma. 




Morrill Hall, State Agricultural and Mechanical College, Stillwater 



SUGGESTION TO TEACHERS 

This book is intended for use in the grammar grades 
and is not, therefore, a complete treatise on civics. Pupils 
of these grades have neither the time nor the ability to 
learn all the intricacies of government. A comprehensive 
course in civics might be given iti high school, but should 
not be offered to pupils in these grades. 

In this work the author has treated somewhat fully 
of localized functions of government. Such functions of 
government as every citizen must know in order to dis- 
charge his duties and understand his rights as a mem- 
ber of society should be thoroughly taught in the grades. 
Other functions of organized government should be 
treated in a less comprehensive manner. 




Administration Building, State University of Oklahoma, Norman 



CONTENTS 



PART ONE 
Nature of Society and Government 

Chapter I The Individual and the Group 

Chapter II Political Government 

PART TWO 
Local Government 

Chapter III S^l^ool Districts 

Chapter IV Townships 

Chapter V Towns and Cities 

Chapter VI Counties 

PART THREE 
State Government 

Chapter VII Oklahoma Constitution 

Chapter VIII Executive Department 

Chapter IX Legislative Department 

Chapter X Judicial Department 

Chapter XI Revenue and Taxation 

Chapter XII Suffrage and Elections 

PART FOUR 
National Government 

Chapter XIII Constitution of the United States 

Chapter XIV Executive Department 

Chapter XV Legislative Department 

Chapter XVI Judicial Department 

APPENDIX A Constitution of the United States 

APPENDIX B Rights of Individuals 

APPENDIX C Postal Information 

GENERAL INDEX 



12 Government in Oki,ahoma. 

In a social grouiD or society, a member who inter- 
feres with the rights of others is restrained or punished 
by the group; one who respects the rights of others is 
approved by the group, and one who sacrifices his rights 
or interests for the common good is praised or rewarded 
by the group. 

The Family Group. — The smallest social unit is the 
family — father, mother and children. Each member of 
the family has certain rights and duties and is in many 
ways dependent upon the other members of the group. 

The parents must provide food, clothing, shelter, and 
other necessities and comforts for the children, protect 
them from harm, and educate them. For this care and 
oversight, the children owe obedience to the parents. 
When parents become old or infirm their children should 
care for them. 

The failure of a child to obey the parent may be a 
detriment not only to the child but to all other members 
of the group. Children have rights also which should be 
respected by every member of the family — property 
rights and personal rights. 

Property Rights and Personal Rights. — If one child 
should destroy or injure the toys or books of another child 
he would thus show a disrespect for property rights; if 
he should disturb the other child's rest or play he would 
thereby disrespect his personal rights. In fact, if any 
member of a family should act without proper regard for 
the rights of others, the unity of the family would be de- 
creased ; if each member should act without regard to the 
rights of others, the family unity would be destroyed. In 
such a state of affairs the common interests of the group 
would suffer and each individual would be affected. Thus 
in the family group, as in other societies, each member 
should respect the rights of others. The group should 
protect the rights of every individual. 



Nature: of Socii^ty and Govi:rnme:nt. i:^ 

The School Group.— The school is a larger social unit 
than the family, but its organization is similar. The 
teacher, in the main, acts in the parent's place. It is the 
teacher's duty to govern and direct the pupils in the 
activities of school life. 

In return for help, care, and oversight given them 
by their teacher and by the other school authorities the 
pupils owe obedience to the teacher and to the general 
school regulations. Pupils should also show proper 
respect for the rights of each other. In a general Avay, 
each member of the school group is dependent upon the 
other members. To illustrate this principle, let us sup- 
pose that other members of this school were noisy. Under 
such circumstances, could you study so well? If other 
pupils took your books would you not thus be inconven- 
ienced? On the other hand, if you failed to prepare your 
lesson properly you would require an extra amount of 
help or direction during the recitation period and thus 
interfere with the progress of the school. If you were a 
member of an athletic team and, by smoking or some 
other improper personal habit, injured your own physi- 
cal powers you would no doubt thereby weaken the team 
and the group Avould doubtless suffer. It is your duty 
and the duty of each pupil in the school, whether on the 
play ground, in the class-room, or in any other school 
activity, to recognize the rights of others, and act so as 
to promote common interests. 

Other Groups.— The railroad, mine, club and church 
are examples of other social groups. The family, school, 
railroad, mine, club, church, etc., each attends to matters 
within its particular group, but there are other duties or 
functions which extend beyond the powers of any of 
these and must therefore be regulated by a larger group. 
The distribution of mail through the post-offices is a 
good illustration of such duties or functions. 



14 GOVERNMKNT IN OKLAHOMA. 

There sometimes arise disputes between the smaller 
groups, or between individuals and a group, which must 
be settled by a higher power or a larger group. 

Some members of a group at times Avill not regulate 
their conduct in accordance with the common interests ; 
some groups and some individuals will frequently insist 
upon their rights but neglect their duties. Then a stronger 
power is needed to make proper adjustments. In sach 
cases a larger group is necessary. The largest society or 
group is the state — a political unit. This unit furnishes 
protection to persons and property. It also prevents or 
punishes the wrongdoings both of individuals and of 
groups. 



SUGGESTIVE QUESTIONS 

What is Society? Why do people associate together 
in groups? 

Why were social groups small in the primitive periods? 

Name several groups not mentioned in the text. State 
what common ends are found in each group mentioned? 

Give illustrations (from history) of persons who have 
served the group and been honored by the group. Men- 
tion persons who have wronged the group and have been 
punished by the group. 

What rights have children in the family? What 
duties ? 

What rights and what duties have pupils in a school? 

Why are larger groups than the family or school 
necessary? 

Individuals may, of course, insist upon their rights. 
Should they neglect their duties? 

If persons neglect their duties do they thereby for- 
feit some rights? Give an illustration of a case where 
neglect of duties forfeits the rights of the individual in 
the group. 

9—0. TI. 



Nature of Suciicty and Government. 15 



CHAPTER II. 

Political Goi'cniincnt 

Membership in Groups. — It has been shown that each 
individual is a member of some group, perhaps of sev- 
eral groups. You, for instance, are a member of at least 
two groups — the family and the school. Your father is 
perhaps a member of several groups — family, church, 
lodge, business firm, and he is also a citizen, that is, he 
is an active member of a large political unit — the state. 

Necessity for Rules. — If each member of a group 
could understand his rights and duties as others under- 
stand them and would act justly at all times there would 
be no need of rules. Not all individuals understand their 
rights and duties, and some persons are not willing to 
perform all their duties without coercion. Because of these 
conditions it becomes necessary to have some rules for 
the control of every group. 

Political Government. — In the political groups these 
rules are called laws. They are enacted by the state, or 
some subdivision of it, and are intended to secure peace 
and order. That part of the government which makes the 
laws is called the legislative department of government. 

As in the rules for the family or the regulations of 
the school, these rules or laws are for the benefit of the 
individual as well as for the group. In every case some 
provision is made for enforcement. The enforcing of 
laws is the function or duty of the executive department 
of government. 

Not every individual can fully understand all of 
these laws, and sometimes the executive officers them- 



16 Govkrnme;nt in Oki^ahoma. 

selves cannot interpret them. Eightly the state therefore 
provides a department to declare the meaning of law. 
This is known as the judicial department of government. 
The duties of the officers of this department are to decide 
disputes and to interpret the law^. 

Classes of Government. — The United States govern- 
ment exercises control over an area of nearly 4,000,000 
square miles and governs more than 100,000,000 people. 
It can readily be seen that the general government could 
not attend to all the details in this vast territory or 
adjust the individual rights of so great a number of 
people because the conditions and needs vary in different 
localities. The United States has, therefore, provided 
three general classes of government : local, *state, and 
national. 

Local Government. — The management and control of 
the affairs of the smaller political divisions are denomi- 
nated local government. Local units of government in- 
clude school districts, townships, tov^ns and cities, and 
counties. These local governments have control of all 
purely local matters such as public education, relief of 
poor, streets, public health, municipal improvements, etc. 
The state is divided into counties and these in turn into 
tow^nships, school districts, towns and cities. 

State Government. — Primarily, the state makes laws 
for the government of each of the smaller units. How- 
ever, certain lawmaking (legislative) powers are dele- 
gated to each of these smaller units. 

The state government extends the work of the local 
units and also performs such tasks as cannot be performed 
by these groups. The state maintains the university, 
agricultural and mechanical college, normal schools, and 



*State is here used in a narrow sense, that is, one of the politi- 
cal divisions of the nation. Previously in this text it has been 
used in its broad sense, meaning the whole country or nation. 



Nature: of Society and Government. 17 

various other educational institutions; regulates bank- 
ing, insurance companies, and corporations ; cares for 
defective and delinquent children, and for the insane ; has 
charge of the convicted criminals, and in many ways serves 
the interests of individuals and of the group. 

National Government. — The national government at- 
tends to matters which affect more than one state ; it reg- 
ulates our relations with foreign countries; regulates com- 
merce among the several states; manages the postal sys- 
tem; and controls the national territories and the public 
lands. 

The national government also controls the affairs of 
certain Indian tribes, and assists the several states in 
promoting vocational training in educational institu- 
tions. In a general w^ay, this unit of government directs 
the larger affairs of the people, and of the smaller politi- 
cal units. 

Citizenship. — A citizen is one who is recognized as a 
member of the state or nation, and as such has certain 
rights and duties. An alien, in this country, is a citizen of 
another country living in the United States, He has cer- 
tain duties, but not all the rights of a citizen. 

An alien in the United States may become a citizen 
by being naturalized. Before this can be done he must 
have resided in this country for five years and must 
liave declared his intentions at least two years and not 
more than seven years before he can be naturalized. In 
becoming naturalized he renounces allegiance to his for- 
mer country and swears allegiance to the United States. 

Adult citizens have both civil and political rights. 
The former are such rights as affect an individual in his 
person or property; the latter include the right to share in 
tlie government — to vote and to liold office. 



18 GOVKRNMKNT IN OKLAHOMA. 

Every citizen owes the duty of service to the state. 
This service includes paying taxes, military service, and 
patriotic support of the government in obeying and assist- 
ing to enforce the laws. Acting for charity, education, or 
social improvements, is no less patriotic than military ser- 
vice. 

Political rights are not given to women in all states 
but the number of states giving equal political rights to 
each sex is increasing. 



SUGGESTI\^E QUESTIONS 

To what groups do you belong? To Avhat groups 
does your father belong? Your mother? 

Why are laws necessary? 

What is the state? 

AVhat is the executive department of government? 
The judicial department? The legislative department? 

What are the several classes of government? Give 
the general functions of the state. 

What are civil rights? Political rights? 

What is an alien? A citizen? 

Name the most important duties of a citizen. 



PART TWO 



LOCAL GOVERXAIKNT 



CHAPTER III. 

Scliool District 

Common School District. — Common school districts iu 
Oklahoma are, in the main, the rural districts — districts 
outside of cities and towns. 

The officers of a common school district are director, 
clerk and member. These officers are elected at the 
annual school meetings by the qualified voters of the dis- 
trict. At the annual school meeting in 1914 each district 
shall elect a director, in 1915 a member and in 1916 a 
clerk. Each of these officers will hold his office for a 
term of three years. 

The director presides at all meetings of the board and 
signs all orders made by the board. The clerk keeps the 
records of the board and district meetings and certifies 
to all orders made by the board. The member has a vote 
on all questions decided by the board. 

These officers, acting as a board, employ teachers, 
submit estimates of the probable cost of the schools, 
purchase supplies and have general powers of the admin- 
istration of school affairs. 

Annual Meetings. — The annual meetings are held on 
the first Tuesday in May, from 2 p. m. to 6 p. m. At 
these meetings, all persons, including females, who are 



20 Government in Oklahoma. 

of proper age and are residents of the district may vote. 
All questions relating to locating or building school houses, 
electing district officers, authorizing bonds, or other sub- 
jects of general interest, are settled at these meetings. 

School Funds. — The district ma}^, at an annual or 
special meeting, vote a tax for building a school house 
or may issue bonds for that purpose. These funds or 
bonds, however, must be voted by the taxpayers of the 
district. 

The state and county ma}^ also levy taxes for the 
support of the common schools. Revenues, derived from 
school land funds, rental of school lands, or interest on 
loans made from permanent school funds, are placed in a 
school fund which is apportioned among the districts 
according to scholastic population. 

Public Service Corporation Tax. — At an election held 
August 5, 1913, an amendment (Section 12a, Article 10) 
to the state constitution was passed by popular vote. 
This article provides as follows : 

''All taxes for maintenance of the common schools 
of this state and which are levied upon the property of 
any railroad company, pipe line company, telegraph com- 
pany, or upon the property of any public service corpora- 
tion, which operates in more than one county in the state, 
shall be paid into the common school fund, and distributed 
as are other common school funds of this state." 

Public School Libraries. — The law of the state re- 
quires that the school board of each school district ''shall 
designate, set apart and appropriate" funds for the pur- 
chase of books and periodicals for a public school library 
for the district. In a district employing only one teacher 
the amount is not less than five dollars nor more than ten 
dollars. In districts employing more than one teacher 
the designated amounts are larger. 



LOCAI. GOVDRNMKNT. 21 

Consolidated School Districts. — Whenever two or 
more districts wish to unite for the purpose of establish- 
ing a graded school, they may do so by a majority vote 
of the qualified voters of the districts, at an election 
called for that purpose. In any union, graded, or con- 
solidate school district that has been formed for a term 
of not less than six scholastic months; has employed at 
least three teachers, and has an actual attendance during 
the said term of not fewer than one hundred thirty scholas- 
tic pupils residing within the said consolidated school 
district and has already constructed and furnished a suit- 
able building of not fewer than three rooms, the state will, 
upon approval of the state superintendent, grant a sum 
equal to not more than one-half the cost of the building: 
Provided, that the total amount given by the state to any 
single consolidated district is not more than twenty-five 
hundred dollars. 

Any district of not less than twenty-five square miles 
in area, that meets the requirements for consolidated 
school districts, may receive this aid also. 

The funds for the assistance of consolidated or graded 
rural schools are derived from the sale of certain public 
lands (sections 33, old Greer county) and from the accrued 
rentals thereof. This fund is known as the Consoli- 
dated School District Fund. 

Annual meetings, taxation, boards of education, and 
all administrative matters in consolidated districts are 
governed by the laws for common school districts. Boards 
of education in consolidated or graded schools must pro- 
vide suitable transportation to and from school for all 
pupils living two miles or more from the school-house. 

Joint District. — A joint district is one formed from 
country lying in two or more counties. Officers of a joint 
district are the same as those of a common school district 



22 Government in Okeahoma. 

unless the joint district is formed by a city of the first 
class, in which case of course the school organization 
would conform to that in other city school districts. 

Independent District. — A school in an independent 
district is under the supervision of its own superintend- 
ent rather than the county superintendent, as in common 
school districts. 

Each city or town maintaining a four-years high 
school is an independent school district. 

Officers of independent school districts, after the city 
election of 1915, shall consist of one board member from 
each ward and one from outlying territory, elected at 
large, for terms of twc years each. In cities whose popu- 
lation exceeds fifty thousand there shall be two members 
elected from each ward and two from outlying territory. 
Independent districts elect their own treasurers, but the 
county treasurer is custodian of the funds of other school 
districts. Except the treasurer, who is elected by the 
voters at large, all the officers of an independent district 
are elected by the board of education. By a three-fourths 
vote, the board of education may elect a superintendent 
for a term not to exceed three years. 

Treasurers may not deposit the funds of the district 
in any bank that will not pay at least three per cent, 
interest on average daily balances. 

Boards organize at the regular meeting in May, elect 
superintendent and teachers after the first IMonday in 
May, and meet regularly on the first Monday in each 
month. 

School Taxes. — In common school districts the school 
board makes an estimate, annually. Taking this esti- 
mate as a basis the county excise board levies a tax, not 
to exceed five mills ^n the dollar valuation, for the sup- 
port of the schools. This rate of taxation may be in- 



Local Government. ^^ 

creased not to exceed ten mills on the dollar valuation, 
by a majority vote of the qualified voters of the district. 

School Term.— The school term must be not less than 
three months. The law provides that this term may be 
fixed at a longer period. 

Every child l)etween the ages of eight and sixteen 
years must attend school for a period not less thcui sixty- 
six per cent of the whole term of school taught in the 

district. . . 

Injury to School Property.— The law provides a pen- 
alty, not less than ten dollars nor more than fifty dollars, 
for each and every willful injury to school property in 
any school district. ^ . 

Separate Schools.-Separate schools are maintained 
for white and colored children in all districts in our state, 
and the educational advantages provided are required by 
law to be equal. No white child may attend a colored 
school and no colored child may attend a school for white 
children. Colored, as used in Oklahoma law, signifies per- 
sons of African descent. 



SUGGESTRT. QUESTIONS 

What are common school districts? Consolidated 
school districts? City or independent school districts? 

How are revenues for schools derived? 

When are annual school meetings held? Who may 
vote at these meetings? 

How may two or more districts be united? Under 
what conditions will the state pay for part of the cost of 
constructing a school-house in consolidated school dis- 

tricts' 

How many school officers in a common school dis- 
trict? In a city or independent school district? How 
and when elected in each case? 



24 GuvKRNMKxNT IN Oklahoma. 

CHAPTER IV. 

Tonniships 

In all states, except in the far west and in the south, 
each county is subdivided. The subdivisions arc called 
towns or townships — towns in New England but town- 
ships in the Middle West. In Oklahoma they are termed 
townships and in turn are subdivided into road districts. 

Congressional Townships. — A congressional township 
is not a division of local government. It has no officials, 
or political powers. The congressional township was cre- 
ated by Congress, soon after the Kevolutionary War, 
when the western lands (west of the Allegheny Moun- 
tains) were to be surveyed. These lands w^ere to be opened 
to settlement, but before this could be done some method 
had to be selected by which to fix and describe boundaries. 
The plan selected is illustrated on the following page. 

Explanation of Plan. — First, a line, marked AB, was 
established running north and south. This line was called 
a principal meridian. Next, another line, marked CD in 
the plan, was established running east and west at right 
angles to the principal meridian. This was called the 
base line. North and south lines, called range lines, were 
run six miles apart on each side of the principal meridian. 
East and west lines, called township lines, were run six 
miles apart on each side of the base line. In this way all 
the land was divided into congressional townships each 
six miles square. 

The numbers on the principal meridian (AB) indi- 
cate the township lines, while those on the base line (CD) 
indicate the range lines. The location of a township is 
indicated by the position of its range and township lines. 



Local Government. 



25 



NORTH 
A 



WEST C 























10 








































7 








































8 








































7 








































6 








































5 










>^ 






























^ 








































3 








































2 




















10 


9 


6 


7 


6 


s 


V 


3 


Z 


/ 


/ 


:i 


3 


4^ 


^ 


6 


7 


8 


9 


/^ 






















7 








































2 








































*3 




























O 












V 








































5 








































6 








































7 








































6 








































? 
































L_ 








/O 





















D EAST 



B 

5 OU 



TH 



Thus the township marked is Township 4 South, Range 
6 West. This means that it is a township 18 miles south 
of the base line and 30 miles west of the principal merid- 
ian. The township marked X is Township 5 North, Range 
6 East. 

Each township is divided into thirty-six parts called 
sections; each section contains one square mile, or 640 
acres. Each section is divided into four parts of 160 acres 
each, called quarter sections. Sections are numbered from 
one to thirty-six as indicated in the plan on the following 
page. 

Explanation of Plan. — The quarter section marked 
in plan is the north-east quarter of section thirteen. The 
one-fourth of a quarter section, or forty acres, marked X 



26 



GOVKRNAIKNT IN OkI^AHOMA. 



MORT H 



WEST 



6 e 


1 ^ 


3 


2 


I 


7 e 


; 9 


10 


11 


12 


18 r 


7 16 


15 


H 


,?° 


i 


J 


IS -^ 


0- 2i 


22 


23 


2^ 


30 Z 


9 28 


27 


26 


25 


3/ 3 


2 33 


3^ 


3J 


36 



EAST 



SOUTH 



in plan, is the south-east quarter of the north-west quarter 
of section twenty. 

"Municipal Townships. — Municipal townships are 
units of local governiiient. The chief powers of a town- 
ship are vested in a township board consisting of three 
members (trustee, clerk and treasurer). 

The trustee is chairman of the township board; the 
clerk keeps the records of the district, and the treasurer 
controls the township funds. These men seldom meet 
more than four times during the year, and as a rule only 



*Coiinties may, by popular vote, abolish township g-overnment. 



Local Government. 27 

for a short session. A justice of the peace has jurisdictiou, 
coextensive with the county, in examining and committing 
felony cases, and in civil action where the amount involved 
does not exceed $200.00. The justice of the peace never 
has jurisdiction in cases of libel or slander. The office 
of constable in the township is similar to that of sheriff 
in the county. He serves writs, and enforces the decisrons 
of the justice of the peace. Counties are divided into six 
or more justice of the peace districts. A justice of the 
peace and a constable are elected for each district. 

The township is subdivided into road districts. For 
each road district a road overseer is elected. This officer 
has the care of public roads. 



SUGGESTIVE QUESTIONS 

How many munieipal townships in your county? 

Name them. What is the average size of these town- 
ships? 

State the difference between a municipal township and 
a congressional township. How may township govern- 
ment be abolished? 

Give the township, range and section numbers of tlie 
quarter section on which your home is located. Of the 
forty acres on which the school-house is located. 

Name the officials of a municipal township and state 
the chief duties of each. 



28 Government in Okeahoma. 

CHAPTER V. 

Towns and Cities. 

There are no villages recognized in Oklahoma govern- 
ment. Densely populated communities are incorporated 
as towns and cities; those of fewer than two thousand 
inhabitants are called tOAvns, and those of two thousand or 
more than two thousand inhabitants, when properly organ- 
ized, are called cities of the first class. 

Towns. — No special population is required for the 
incorporation of towns. After the first preliminary steps 
in organization, the town is recognized by the county com- 
missioners to be a legal municipality. 

The town is divided into at least three, but not more 
than seven, districts or wards, ilach district elects one 
trustee, and these trustees elect one of their own number 
as president. The president of the board of trustees thus 
becomes the chief executive of the town. The board of 
trustees constitutes the town's legislative assembly. 

The other principal officers of the town are clerk, 
treasurer, marshal, and justice of the peace. Elections are 
lield on the first Tuesday in April of each year. 

The powders of the initiative and the referendum are 
reserved to the people of each town. 

Cities. — A center of population containing two thou- 
sand or more inhabitants, Avhen properly organized, is 
declared by the governor to be a city. 

Cities are divided into at least four wards for gov- 
ernmental purposes. These wards serve as election pre- 
cincts and as the basis of representation in the city council. 
Each ward is entitled to two councilmen, each elected for 



Local Government. 29 

a term of two years, one councilman from each Avard at 
each annual election. 

The city council has power to change the boundaries 
of wards. 

The Mayor. — The chief executive officer of a city is 
called the mayor. The mayor has power to suspend other 
city officials for incompetency or neglect of duty, until 
such time as the council may take action thereon ; to 
appoint commissioners of park, water, sewers and light, 
city physician, police (except chief of police), and such 
other officers as are needed. He is the presiding officer 
of the city council and exercises the right of veto over its 
enactments. He is vested with the judicial authority to 
decide all cases of petty offenses against the peace and 
dignity of the municipality. With the consent of the 
council, he may grant reprieves and pardons for offenses 
against city ordinances. His salary, which is fixed by 
ordinance, is generally small, and in many cities through- 
out the state no compensation whatever is provided. 

City Clerk. — The city clerk keeps the records of the 
proceedings of the council and of all moneys disbursed 
from the city funds. He must sign all orders to pay money 
out of the city treasury. He also collects dog taxes, occu- 
pation taxes, and other special taxes created by ordinance. 

City Treasurer. — All funds belonging to the munici- 
pality are under the control of the treasurer. General 
taxes are collected by the county treasurer and paid over 
to the city treasurer, through whose office they are dis- 
bursed. 

City Attorney. — The city attorney, in regard to the 
legality of acts in the discharge of their official duties, 
is the legal adviser of all city officials. It is his duty to 
bring action in courts in the name of the city Avhen neces- 
sary; to defend all lawsuits against the city, and to ])rose- 
cute offenders tried in the police court. 



30 Govkrnme:nt in Oklahoma. 

City Marshal. — The city marshal is usually called 
chief of police. He has general oversight of the peace of 
the city, and he is subject to the orders of the mayor only. 

Street Commissioner. — The street commissioner has 
charge of the sidewalks and streets of the city. He has 
general supervision of all thoroughfares within the city 
limits and attends to all repairs and improvements thereon. 

City Council. — The chief legislative authority of a 
city is vested in its council. In case of a tie the mayor has 
a right to vote. 

The city council has power to levy taxes, audit ac- 
counts against the city, impose license taxes, erect public 
buildings, and direct or control public utilities. The pub- 
lic utilities most commonly under the control of the city 
are water, light and electric plants, street railways, pub- 
lic parks, drains and sewers. A city may, however, engage 
in any business or enterprise which may be engaged in by 
a private person, firm or corporation. 

Justice of the Peace. — In cities of more than twenty- 
five hundred inhabitants, two justices of the peace are 
elected. Justices of the peace, however, are elected at 
the county elections instead of at the city elections. Their 
jurisdiction is coextensive tvith the county boundaries 
instead of with the city boundaries. Cities of less than 
twenty-five hundred population elect one justice of the 
peace. In larger cities, additional justices of the peace 
may be elected. 

Constable. — One constable is elected for each justice 
of the peace chosen. His duties, in the main, are to enforce 
the orders of the justice court and to preserve the peace 
of the district. 

Initiative and Referendum. — Through the initiative, 
the voters of a city have power to enact or enforce the 
enactment of ordinances. By the referendum the voters 

10— O. H. 



Local Government. 31 

have power to reject ordinances passed by the council. 
Petitions for initiative or referendum in cities must con- 
tain the signatures of twenty-five per cent, of the total 
number of voters in the city. 

Commission Form of Government. — The form of gov- 
ernment already described is called the aldermanic form 
of government. Cities containing two thousand or more 
inhabitants may adopt the commission form of govern- 
ment as follows: First, a committee of frpeholders (men 
who own real estate) is elected to draw up a charter for 
the city; second, this charter is submitted to a vote of 
the people ; third, after adoption by a majority vote of 
the people, the charter is submitted to the governor for 
his approval; and fourth, after the governor approves 
the charter one copy is filed with the secretary of state, 
one with the register of deeds of the county in which 
,'he city is located, and another in the archives of the 
eJty. 

Commission government abolishes all ward r<^presen- 
tation and substitutes a commission or committee of men 
(usually three or five in number) to direct the affairs 
of the city. The members of this commission are paid 
regular salaries and devote their entire time to the city's 
interests. 

Many cities in Oklahoma have adopted (1913) the 
commission form of government. 

Under this form of government the commissioners 
are elected, but all subordinates are appointed by the 
heads of departments. The number of officers to be 
elected (commissioners, etc.) and the departments of city 
government to be established depend of course upon the 
provisions of the adopted charter. 

Amendmems to a city charter are usually offered by 
a petition signed by twenty-five per cent, of the voters 



32 GoVKRNMIvNT IN OKLAHOMA. 

and confirmed by a majority vote. However, the methods 
of proposing and adopting amendments vary in different 
cities. 



SUGGESTIVE QUESTIONS 

How many wards in a town? 

Name the principal officers of a town. 

When are annual town elections held 1 

How many wards in a city of the first class? 

What are the duties of the mayor? City clerk? City 
treasurer? City attorney? City marshal? Street com- 
missioner ? 

How many couneilmen elected from each ward? 

Name the chief powers of the city council. 

What are the duties of the justice of the peace? Con- 
stable? 

How and for what purposes may the initiative and 
referendum be used m cities? 

What is meant by commission form of government? 

Under the commission form of government what offi- 
cers are elected? What officers are appointed? 

Under commission form of government, liow are city 
charters usually amended? 



LocAi, Government. 33 

CHAPTER VI. 

Counties 

States are divided into counties* for convenience in 
local government. Counties in the same state are usually 
about the same size, but vary greatly in different states 
both as to area and population. 

Oklahoma has 77 counties, and the state has a popu- 
lation (1910) of 1,657,155. The area is 70,470 square miles. 
In other words, the land area of an average county in 
Oklahoma is a little less than a thousand square miles. 
The population of an average Oklahoma county is approxi- 
mately twenty thousand. 

These counties, except Harmon and Cotton counties 
which w^ere organized later, are designated and described 
in Article XVII of the state constitution. The city in 
which the county officials have their offices js called the 
county seat. 

The principal officers of the county in Oklahoma are 
county judge, sheriff, attorney, county clerk, treasurer, 
(register of deeds), surveyor, assessor, superintendent of 
public instruction, weigher, board of commissioners (three 
members), and clerk of the district court. 

County Judge. — The judge of the county court must 
be a qualified voter, a resident of the county, and a li- 
censed lawyer. He is provided with a clerk whom he 
appoints. This court has original jurisdiction (cases 
brought to his court if he by law has original jurisdiction) 
in all probate matters and concurrent jurisdiction with 
the district court in civil cases in any amount not exceed- 



*Counties exist in every state except Louisiana, where districts 
and parishes prevail. 



34 Government in Oki^ahoma. 

ing one thousand dollars, exclusive of interest. The 
county judge also holds juvenile court. The county court 
has no jurisdiction in cases of action for alimony or di- 
vorce, slander or libel, or against any officer for miscon- 
duct in office. 

Sheriff. — The sheriff is purely an executive officer. 
His duties are to arrest criminals, have charge of juries, 
witnesses and prisoners, and to attend court and serve 
writs of county, district, and justice courts. 

Attorney. — The county attorney is the legal adviser 
of all county officials, and represents the county in all 
lawsuits to which the county is a party. He prosecutes 
criminal cases (in the name of the state) which arise 
within his county. 

Clerk. — The county clerk must attend sessions of the 
board of county commissioners; keep the seal, records 
and papers of the board ; sign and attest their records of 
proceedings and their orders. He is bookkeeper for the 
county, and* draws county warrants on the county treas- 
urer for all money paid by the county. After January 
1, 1915, the county clerk wdll also perform the duties of 
register of deeds. 

Treasurer. — The county treasurer collects all taxes, 
receives all money due the county, and pays out money 
for the county when properly authorized to do so. 

Register of Deeds. — The register of deeds keeps a 
record of all deeds, mortgages, leases, and in fact of 
everything that in any way pertains to real estate titles 
or chattel mortgages. He also records charters of cities, 
etc. This office will be abolished January 1, 1915. 

Surveyor. — The duties of the county surveyor are 
to survey public improvements, such as plans for roads; 
also townsites, etc., within his county. 



Local Government. 35 

He receives only a small salarj^ from the county. 
As his full time is not required by the county his other 
remuneration comes from private employment. 

Assessor. — The assessor makes or supervises all assess- 
ments of property in the county and receives a salary 
depending upon the total assessed valuation of the county. 

Superintendent of Public Instruction. — The county 
superintendent has general supervision of all public school 
instruction in his county except in city or independent 
school districts. 

He visits the schools of his county and supervises 
them; apportions school funds; has charge of county 
teachers' institutes; and keeps all the necessary records 
of the schools of the county. He decides disputes as to 
boundary lines of districts; is a member of the county 
excise board, and general adviser of school boards and 
teachers. 

Weigher. — This office was created by the legislature 
in order to standardize weights and protect the farmers 
from possible fraud in selling cotton, grain, etc. The 
compensation of the county weigher is from fees. 

Board of Commissioners. — There are three county 
commissioners constituting the board which has super- 
vision of roads, bridges, buildings, and other county 
property. All bills against the county must be allowed 
by the board of commissioners before being audited by the 
county clerk or paid by the county treasurer. A county 
commissioner is elected from each of the three commis- 
sioners' districts. 

Clerk of the District Court. — The clerk of the dis- 
trict court is elected by the voters of the county. It is 
his duty to keep all records of the district court within 



36 Government in Oklahoma. 

his county; to serve under the district judge during each 
term of district court held in his county; and, when the 
court is not in session, to make such records as are re- 
quired by law^. 

County Excise Board. — The county excise board is 
composed of the county clerk, county treasurer, county 
judge, county school superintendent, and county attorney. 

This board meets at the county seat on the last Sat- 
urday in July of each year for the purpose of examining 
the estimates of expenses of the county and of each city, 
incorporated town, township and school district in the 
county. The excise board has power to revise and correct 
any estimates where the amount is in excess of just and 
reasonable need. Levies made by this board are certified 
to the county assessor who extends them upon the tax 
rolls. 

County Health Officer. — The state commissioner of 
health appoints a physician in each county to inspect 
cases of contagious and infectious diseases and establish 
quarantines when necessary. 

Eleemosynary Institutions. — In Oklahoma each county 
provides a county farm as a home for the poor and de- 
pendent, or in lieu thereof gives financial assistance. 
Assistance is issued by the county commissioners, for the 
care of such persons as are, by reason of age, infirmity, 
or misfortune, unable to earn a living. 

Compensation. — All elective county officers, unless 
otherwise specified in the text, have fixed salaries. Pro- 
visions w^ere at first, in most cases, made for fees, but the 
salary schedule was established for reasons of economy. 

Term of Ofificers. — County officials are elected for a 
term of two years. 



Local Guvi;rnme:nt. 37 

vSUGGESTIX'K QUESTIONS 

How many counties in Oklahoma? 

Give the average area and population of counties in 
Oklahoma. What is the area and population of the county 
in which you live? 

What is the county seat of your county? 

Name the county officials in your county and give 
the chief duties of each. 

IIow does your county care for the poor? 

AVhen does the county clerk assume the duties of 
the county register of deeds? 

For how long a term are county officers elected? 



PART THKEE 



STATE GOVERNMENT 



CHAPTER VII. 

Oklalwina Constitution 

Constitutional Convention. — The delegates to the 
state constitutional convention, elected under the pro- 
visions of the Enabling Act (an Act of the national con- 
gress by which two territories, Indian Territory and Okla- 
homa Territory were permitted to form one state), met at 
Guthrie November 20, 1906. The convention, though not 
in session continuously, did not finally adjourn until July 
16, 1907. 

Great Length of the Constitution. — Because of the 
peculiar relations of the two territories united in single 
statehood, much material which otherwise would not have 
been provided Avas inserted, making this constitution 
one of the longest documents of its kind ever submitted. 
However, the very nature of the document itself called 
for many particulars and therefore included much detail. 
These features, of course, have made it a document of 
great length. 

Contents of the Oklahoma Constitution. — The con- 
stitution of Oklahoma consists of twenty-four articles, a 
"Schedule," a prohibitory provision (submitted as a sepa- 
rate issue), and a resolution accepting the Enabling Act. 
Some of these articles are necessarily complete in detail 
and therefore are of great length. This is especially true 



40 GOVKKNMENT IN OKLAHOMA. 

of the article on corporations and the one on prohibi- 
tion. The several articles in their order are as follows : 

L— Federal relations; II.— Bill of rights; III.— Suf- 
frage; IV. — Distribution of powers; V. — Legislative de- 
partment; VI. — Executive department; VII. — Judicial 
department; VIII.- -Impeachment and removal from of- 
fice; IX. — Corporations; X. — Revenue and taxation; XI, 
— State and school lands; XII. — Homesteads and ex- 
emptions; XIII. — Education; XIV. — Banks and banking; 
XV. — Oath of office; XVI. — Public roads, highways, and 
internal improvements; XVII. — Counties; XVIII. — Mu- 
nicipal corporations; XIX. — Insurance; XX. — Manufac- 
ture and commerce; XXI. — Public institutions; XXII. — 
Alien and corporate ownership of lands; XXIII. — Miscel- 
laneous ; XXIV. — Constitutional amendments. 

Federal Relations. — The constitution provides that 
Oklahoma is an inseparable part of the federal state and 
recognizes the constitution of the United States as the 
supreme law. 

Religious Toleration.— As to the toleration of relig- 
ious sentiments, the constitution says: "Perfect tolera- 
tion of religious sentiment shall be secured, and no inhabi- 
tant of the state shall ever be molested in person or prop- 
erty on account of his or her mode of religious worship ; 
and no religious test shall be required for the exercise of 
civil or political rights." This provision insures religious 
liberty to every one. 

Public Schools. — The constitution provides that a 
system of free public schools, open to all children of the 
state and free from all sectarian control, shall be organized 
and maintained. It also contemplates the establishment 
and maintenance of separate schools for white and col- 
ored children. Indian children are recognized as white 
children, and children of African descent are termed 
colored. 



_ Statk Guve:rnmi;NT. 41 

Prohibition in Indian Territory and Indian Reserva- 
tions. — Provisons of the constitution (made necessary 
by the federal relations with Indian tribes relative to the 
sale of intoxicating drinks) prohibit the introduction and 
sale of liquor in Indian Territory, Osage Nation, or any 
Indian Reservation for twenty-one years from the admis- 
sion of Oklahoma into the Union (1907): 

The Bill of Rights. — Article II of the constitution 
is known as the Oklahoma bill of rights and is more com- 
plete in detail than such constitutional provisions usually 
are. Most of the provisions in the bill of rights are those 
usually found in state constitutions, but a fcAv are charac- 
teristic of Oklahoma only. (This bill of rights is pub- 
lished in full in chapter XVII.) 

Writ of Habeas Corpus. — A writ of habeas corpus is 
an order from a court to compel the authorities who 
have imprisoned any person to appear in court and prove 
that the prisoner is rightfully held. If it does not appear 
that the person is rightfully deprived of liberty he must 
be released. Section 19 of Article II, relating to writ 
of habeas corpus, is a distinctive departure from the 
ordinary law. It provides that ''the privilege of the 
writ of habeas corpus shall never be suspended by the 
authorities of this state." The usual provision is that 
such suspension shall not be made in time of peace. 

Fellow-servant Law. — The common laAv doctrine of 
fellow-servants, in so far as it affects the master's lia- 
bility for injuries of his servant resulting from the acts 
or omissions of any other servant or servants of the com- 
mon master, is abrogated by the constitution of Okla- 
homa. In this state any employee has a right to recover 
from his employer for any damages resulting from acts 
or omissions of a fellow servant. 



42 Government in Oklahoma. 

Corporations. — Corporations are prohibited from in- 
fluencing elections or official duty by contributing money 
or other valuables, and are compelled to submit differences 
with employees, in reference to labor, to arbitration as 
provided by law. 

SUGGESTIVE QUESTIONS 

When and where did the constitutional convention 
meet? 

Why is the Oklahoma constitution so lengthy a docu- 
ment? 

What is the relation of Oklahoma to the national 
government ? 

What is religious toleration? What provisions are 
made in the state constitution for public schools? 

What is prohibition? How long must it be enforced 
in that part of the state which formerly comprised Indian 
Territory? 

What possible wrong is a writ of habeas corpus in- 
tended to rectify? 

What is a bill of rights? 

What is the fellow-servant law of Oklahoma? 



State; Gove:rnme:nt. 43 

CHAPTER VIII. 

Executive Department 

The executive power of the state is vested in a gover- 
nor, lieutenant-governor, secretary of state, state auditor, 
attorney-general, state treasurer, superintendent of pub- 
lic instruction, state examiner and inspector, chief mine 
inspector, commissioner of labor, commissioner of 
charities and corrections, commissioner of insurance, and 
other officers provided by law. These officers are each 
elected for a term of four years. 

Executive Officers. — No person shall be eligible to the 
office of governor, lieutenant-governor, secretary of state, 
state auditor, attorney-general, state treasurer, superin- 
tendent of public instruction, or state examiner and in- 
spector, except a male citizen of the United States, of the 
age of not less than thirty years, and who shall have been, 
three years next preceding his election, a qualified elector 
of this state. 

Neither the governor, secretary of state, state audi- 
tor, or state treasurer is eligible to immediately succeed 
himself in office. 

Governor. — The governor is, of course, the supreme 
executive officer, but since other state executive oft'icers 
are also elected and not appointed as in the national 
government, his authority over them is quite limited. 
The governor is commander-in-chief of the militia (except 
when in the service of the United States) and he may call 
out the militia to execute the laws, protect the public 
health, suppress insurrection, and repel invasion. The 
governor has power to convoke the legislature, or the 
senate only, in special session; to grant pardons; to veto 
acts of the legislature ; to commission all officers not 
otherwise commissioned by law; and to adjourn the legis- 



44 Govkrnme;nt in Oklahoma. 

lature when the two branches thereof cannot agree as to 
the time of adjournment. 

Lieutenant-Governor. — The lieutenant-governor 
holds the right of succession in office to the governor and 
is the presiding officer of the senate. 

Secretary of State. — The secretary of state keeps a 
register of the official acts of the governor, issues arti- 
cles of incorporation under proper regulations to com- 
panies and firms organized under the law, receives in- 
itiative petitions, and is custodian of the state seal. 
The state seal of the state of Oklahoma is described 
as follows: "In the center shall be a five-pointed 
star, with one ray directed upward. The center of 
the star shall contain the central device of the seal 
of the Territory of Oklahoma, including the Avords, 
'Labor Omnia Vincit. '* The upper left hand ray shall 
contain the symbol of the ancient seal of the Chero- 
kee Nation, namely: A seven-pointed star partially sur- 
rounded by a wreath of oak leaves. The ray directed 
upward shall contain the symbol of the ancient seal of 
the Chickasaw Nation, namely : An Indian warrior stand- 
ing upright with bow and shield. The lower left hand 
ray shall contain the symbol of the ancient seal of the 
Creek Nation, namely: A sheaf of Avheat and a plow. 
The upper right hand ray shall contain the symbol of the 
ancient seal of the Choctaw Nation, namely: A toma- 
hawk, bow, and three crossed arrows. The lower right 
hand ray shall contain the symbol of the ancient seal of 
the Seminole Nation, namel}^: A village with houses and 
a factory beside a lake upon which an Indian is paddling 
a canoe. Surrounding the central star and grouped be- 
tween its rays shall be forty-five small stars, divided into 



*Labor conquers all things. 



State: Govi^rnment. 



45 




five clusters of nine stars each, representing the forty-five 
states of the Union, to which the forty-sixth is now 
added. In a circular band surrounding the whole device 
shall be inscribed, 'GREAT SEAL OF THE STATE OF 
OKLAHOMA. 1907.' " 

Examiner and Inspector. — 
The state examiner and inspector 
examines the books and accounts 
of state and county officers, and 
publishes his reports. 

He also prescribes a uniform 
sj^stem of bookkeeping for all 
treasurers whose books are sub- 
ject to his inspection. 

Commissioner of Labor. — The commissioner of labor 
is ex-officio chairman of the board of arbitration and 
conciliation in the labor department. He is, in a general 
w^ay, in control of the whole department of labor. 

Insurance Commissioner. — The insurance commis- 
sioner must be well versed in insurance matters. He has 
charge of the enforcement of insurance laws, especially as 
to authorizing insurance companies to transact business 
within the state. 

Auditor. — The state auditor examines and adjusts 
all accounts and claims against the state. No money can 
be expended for state accounts except on warrants drawn 
by the auditor. The state auditor in Oklahoma is also one 
of the school land commissioners. 

Attorney-General. — The attorney-general is the 
estate's legal adviser. This duty is performed by rendering 
opinions on questions of law^ submitted to him by state 
officials. His duties also include the prosecution of cer- 
tain criminal acts. He represents the state in all lawsuits 
where the state is a party. 



46 Government in Oklahoma. 

State Superintendent. — The state superintendent of 
public instruction is ex officio chairman of the state 
board of education, has general supervision of educa- 
tional matters, and is the adviser in matters pedagogical 
and legal of county and city superintendents. In legal 
questions he has a right to the assistance of the attorney- 
general. He is also a member of the school land com- 
mission. 

Treasurer. — The state treasurer receives all state 
money, receipcs for the same, and pays it out upon war- 
rants issued by the state auditor. 

Commissioner of Charities and Corrections. — The 
commissioner of charities and corrections has power to 
investigate public institutions of charities and corrections, 
but the legislature has power to add to the duties of 
the office. Eligibility is not restricted by sex, but the 
officer must be twenty-five years of age and possess the 
essential qualifications of other executive officers. 

. Chief Mine Inspector. — No person who has not had 
at least eight years experience as a practical miner is 
eligible to the office of chief mine inspector. He has 
charge of all district mine inspectors and a general over- 
sight of all mining interests as to the enforcement of laws 
to safeguard human life. 

Corporation Commissioners. — There are three cor- 
poration commissioners elected, each for a term of six 
years. This commission is clothed with the authority of 
a court. The commission is given the right to inspect 
the books of any railroad company or any other public- 
service corporation, at such time as the commission deems 
necessary, and to examine under oath any officer, agent, 
or employee of such corporation. 

It is the duty of the corporation commissioners to 
regnlate all transportation and transmission companies 
doing business in the state. 

11—0. II. 



State Government. 47 

Decisions of the corporation commission prescribing 
rates, etc., may be appealed to the supreme court. 

Commissioners of the Land Office. — The commission- 
ers of the land office — governor, secretary of state, 
state auditor, superintendent of public instruction, and 
president of the board of agriculture — have charge of 
the sale, rental, disposal and managing of the school lands 
and other lands of the state, and of the funds and pro- 
ceeds derived therefrom under rules and regulations pre- 
scribed by the legislature. 

Board of Agriculture. — The state board of agricul- 
ture has jurisdiction over all matters affecting animal 
industries and animal quarantine regulations, and also 
acts as a board of regents for all agricultural and mechani- 
cal colleges. 

Board of Education. — The state board of education 
is composed of the state superintendent, who is ex 
officio chairman, and six other members appointed by 
the governor, by and with the advice and consent of the 
senate, for six years. Two members of the board are 
appointed each biennium. The law (senate bill 132 of 
1911) also requires that at least "two of them shall be 
practical school men who shall have had at least four years 
work, two years of which shall have been in the state of 
Oklahoma." The board members do not receive regular 
salaries, but their actual expenses and six dollars per day 
for each day in actual service of the state constitutes their 
remuneration. They are the board of regents of all state 
educational institutions, except the agricultural and 
mechanical college and the branch agricultural schools. 
They also serve as a state text-book commission, prescribe 
courses of study and rules for the issuance of teachers' 
certificates, and in a general way administer the educa- 
tional affairs of the state. 



48 Government in Oklahoma. 

Board of Affairs. — The state board of public affairs 
has charge of all expenditures and purchases made by the 
state, and of all construction, repair, maintenance and 
insurance of all public buildings. This board consists of 
three members appointed by the governor. 

Banking Board. — A state banking board, appointive, 
has power to regulate and control state banks, and loan, 
trust, and guaranty companies. 

A law also prescribes the manner in which state 
banks may be operated and provides that the state bank- 
ing board shall collect a guaranty fund from state banks. 
This fund shall be used to guarantee all the deposits held 
in state banks. 

The legal rate of interest is six per cent and the con- 
tract rate is ten per cent. A penalty is provided (for- 
feiture of twice the amount of interest) for collecting 
usurious interest. 

State Game and Fish Warden. — The laws of Okla- 
homa protect all game and fish in the state from unrea- 
sonable destruction by providing regulations by Avhich 
those seeking to catch fish or kill game must be gov- 
erned. To supervise the enforcement of these laws, the 
governor appoints a state game and fish warden. The 
state game and fish warden is authorized to issue, to anj^ 
citizen of the state over fourteen years of age, an annual 
license to hunt or fish. For issuing a hunting license, a 
fee of one dollar and twenty-five cents is charged. All 
salaries and expenses of the ofi'ice of the game warden 
are paid from funds derived from such fees. 

Other Appointive State Officers. — The governor ap- 
points a state fire marshal to investigate incendiary 
fires, etc. ; a state commissioner of health to investigate 
violations of pure food and drug laws and in a general 
way to seek to improve health conditions in the state; a 



State: Government. 49 

state highway commissioner to encourage the building 
and improvement of public roads; and an adjutant-gen- 
eral through whom the affairs of the state militia are 
administered. 

SUGGESTIVE QUESTIONS 

Name the chief executive officers of the state. What 
are the chief powers and duties of the governor? Lieu- 
tenant-governor? Secretary of state? Examiner and in- 
spector? Commissioner of labor? Insurance commissioner? 
Auditor? Attorney-general? State superintendent? 
Treasurer? Commissioner of charities and corrections? 
Chief mine inspector? 

Describe the state seal. 

How many corporation commissioners are there? 
For how long a term are they elected? What are the 
chief powers and duties of these commissioners? 

What state officials also serve as commissioners of 
the land office? 

What are the powers and duties of the state board 
of agriculture ? 

What are the chief powers and duties of the state 
board of education? 

What are the duties of the state board of public 
affairs? State game and fish warden? State banking 
board? 

What is the legal rate of interest? Contract rate? 
Penalty for usury? 

What are the duties of the state fire marshal? Com- 
missioner of health? IlighAvay commissioner? Adjutant- 
general? 



50 Government in Okeahoma. 



CHAPTER IX. 

Legislative Department 

Initiative. — The constitutiou vests the legislativ.^ 
authority of the state in a legislature consisting of a 
senate and house of representatives, but the voters also 
have legislative powers reserved to themselves in pro- 
visions for the initiative and referendum. That is, the 
people may, by a petition of eight per cent of the legal 
voters of the state, initiate and cause a bill to be voted 
upon, and if a majority of the total vote is aifirmative the 
bill is declared a law. 

Referendum. — The referendum upon any measure 
passed by the legislature may be called for by a petition 
of five per cent of the legal voters. This must be done 
not more than ninety days after the final adjournment 
of the legislature. The petitions for the initiative and 
referendum are filed with the secretary of state, but ad- 
dressed to the governor. Any measure rejected by the 
people, through the powers of the initiative and referen- 
dum, cannot be again submitted through the initiative and 
referendum within three years thereafter by less than 
twenty-five per cent of the legal voters. It requires 
fifteen per cent of the legal voters to initiate an amend- 
ment to the state constitution. 

The Senate. — A senator must be at least twenty-five 
years of age, must be an elector of his respective district, 
and must reside therein during his term of office. The 
state is divided into thirty-three districts, and there are 
in all forty- four senators. The lieutenant-governor is 
ex officio president of the senate, but the senators may 
elect one of their own members president pro tempore 



State Govern me:nt. 51 

and he presides over the deliberations of the senate in 
the absence of the lieutenant-governor. The senate has 
some executive powers, chief of v^hich is that of passing 
upon certain appointments made by the governor. 

House of Representatives.— The house of represen- 
tatives consists of ninety-nine members. This number 
may be increased as the population of counties increases. 
A representative must be twenty-one years of age at the 
time of his election, must be a qualified elector of his 
respective district, and must reside therein during his 
term of office. The house elects one of its own mem- 
bers as speaker. Regular sessions are held biennially, at 
the seat of government, beginning on the first Tuesday 
after the first Monday in January in the next year suc- 
ceeding their election. The legislature has power to 
change date of meeting. There are many limitations 
upon the power of the legislature to pass local or special 
laws. Bills for raising revenue must originate in the 
house, but the senate may propose amendments thereto. 
Emergency legislation is not subject to the referendum, 
but other laws than those to which an emergency clause 
is attached are in full force and effect only after ninety 
days have elapsed from the date of the adjournment of 
the legislature. 

Amendments to the State Constitution.— The state 
constitution of Oklahoma may be amended by a majority 
of all the votes cast at an election called to adopt or 
reject such amendment. Amendments may be proposed 
by an initiated petition or by a two-thirds vote of the 
state legislature. The governor, upon receipt of an 
initiated petition, may call an election to vote upon 
amendments to the constitution. The question of calling 
a convention to revise the constitution must be submitted 
to the electorate every twenty years. 



52 GOVKRNMKNT IN OKLAHOMA. 

SUGGESTR'E QUESTIONS 

What is the initiative? What per cent of the legal 
voters is necessary on a petition to initiate a law? What 
per cent to initiate an amendment to the constitution? 

What is the referendum? What per cent of the vot- 
ers is necessary on a petition to invoke the referendum 
against an act of the legislature? 

What are the qualifications of a state senator? Who 
presides over the senate? What executive power has the 
senate? 

How many members compose the house of represen- 
tatives? AVho presides over the house? When are regu- 
lar sessions of the legislature held? What is emergency 
legislation? 

How may the state constitution be amended? How 
often must the question of amendments to the constitu- 
tion be submitted? 



Stati- Govi;rnml-:nt. 53 

CHAPTER X. 

Judicial Dcpartiiioit 

Power Vested. — The judicial power of this state is 
vested in the senate sitting as a court of impeachment, 
a supreme court, district courts, criminal court of appeals, 
supreme court commissioners, county courts, courts of 
justices of the peace, municipal courts, and such other 
courts, commissions or boards, inferior to the supreme 
court, as may be established by law. 

Impeachment.— A trial for misconduct in office is 
termed impeachment. The Oklahoma constitution pro- 
vides that elective state officers and supreme judges are 
subject to impeachment, and that all other elective officers 
not liable to impeachment are subject to removal from 
office by due process of law. When impeachment pro- 
ceedings are held, the senate sits as a court of impeach- 
ment and at such times each senator is under special 
oath. 

Supreme Court.— The supreme court consists of five 
justices, one from each of five supreme court judicial dis- 
tricts, elected at large for a term of six years. Each jus- 
tice of the supreme court must be a citizen of the United 
States ; resident of the state two years, and the supreme 
court judicial district from which he is elected, one year; 
thirty years of age ; and a licensed lawyer or a judge of 
a court of record. 

This court has original jurisdiction and control over 
all inferior courts and all commissions and boards created 
by law; and appellate jurisdiction, co-extensive with the 
state, in all civil cases at law and in equity. 

Supreme Court Clerk.— The clerk of the supit^me 
court is an elective officer. The duties of the clerk are 



54 Government in Okeaiioma. 

to keep the records of the supreme court aud of the crimi- 
nal court of appeals. 

Criminal Court of Appeals. — The criminal court of 
appeals is composed of three justices, elective, and has 
appellate jurisdiction, co-extensive with the state, in all 
criminal cases coming from county, superior, or district 
courts. Term of office six years. 

District Court. — The district court is of vast im- 
portance because of its great authority and direct con- 
tact with the people. This court has original jurisdiction 
in all cases civil or criminal, except when exclusive juris- 
diction is, by the constitution or by law, conferred on 
some other court. It has extensive appellate jurisdiction 
also. 

A district judge must be an experienced qualified law- 
yer and a resident of the state. 

(County courts, courts of justices of the peace, superior courts 
and municipal courts have been discussed in previous chapters.) 

SUGGESTIVE QUESTIONS 

How is the judicial power of the state vested? 

Name the various courts. 

How may elective state officers and judges of the 
supreme court be removed from oft'ice? 

How many judges constitute the supreme court? 
What are their qualifications? Tenure of office? AVhat 
original jurisdiction has the supreme court? Appellate 
jurisdiction? 

What are the duties of the clerk of the supreme court? 

Of how many judges is the criminal court of appeals 
composed? What jurisdiction has this court? What is 
the term of office for judges of the criminal court of 
appeals? 

Why is the district court of so much importance's 
What original jurisdiction has this court? Appellate juris- 
diction? 



Stath Govi^rnmknt. 55 



CHAPTER XI. 

Revenue and Taxation 

Assessments. — Assessments are made by a county 
assessor, and the property must be assessed at a fair casli 
value. Property is assessed to the person who owned it 
on the first day of March. In June, beginning on the 
first Monday, the county equalization is made by the 
county board, and later the state equalization board 
passes upon all property assessments. 

Tax Limits. — Except as provided for schools and 
public buildings, the total tax that may be levied on an 
ad valorem basis for all purposes — state, county, town- 
ship, city or town, and school district taxes — shall not 
exceed, in any one year, thirty-one and one-half mills on 
the dollar. Additional levy for schools may be made as 
follows: state levy, not more than three and one-half 
mills; county levy, not more than eight mills; township 
levy, not more than five mills ; city or town levy, not 
more than ten mills; sc"hool district levy, not more than 
five mills (or an additional ten mill increase for schools 
by a majority vote). 

Valuations of property are finally adjusted by the 
state board of equalization, which consists of the gover- 
nor, state auditor, state treasurer, secretary of state, at- 
torney-general, inspector and examiner, and president of 
the board of agriculture. 

Provisions are also made for the enactment of laws 
prescribing levy of license, franchise, gross revenue, 
excise, income, collateral and direct inheritance, legacy, 
succession, and other specific taxes. 



56 Govern me:nt in Oklahoma. 

The limit of public indebtedness is fixed at an aggre- 
gate of four hundred thousand dollars, which may be 
increased to repel invasion. 



SUGGEvSTIVE QUESTIONS 

By whom is property assessed? To whom is prop- 
erty assessed? What boards review assessments? 

What is the tax limit? What additional levies may 
be made? 

What officers are members of the state board of 
equalization ? 

What taxes, other than ad valorem taxes, may be 
levied? 

What is the limit of public indebtedness? 



State Government. 57 

CHAPTER XII. 

Suffrage and Blcct'wns 

Public Officials. — Public officials are either elected 
to office by the voters or appointed to off'ice by some offi- 
cial who has been elected. In the earlier periods of our 
national life, all officials, except the chief executive and 
members of the legislature, were appointed. This is still 
the rule in national government, but not in state govern- 
ments. In Oklahoma (except in cities which have adopted 
the commission form of government) the chief officials, 
executive, judicial, and legislative, are elected. 

Suffrage. — Political rights are extended to women in 
some states. In Oklahoma, except in school district elec- 
tions, the right of franchise is extended to men only. A 
citizen must be at least twenty-one years of age, and must 
have resided in the state one year, county six months, 
and precinct thirty days, before the right of franchise may 
be exercised. 

Persons adjudged guilty of felony, or persons who 
are kept at public expense, are not entitled to vote or 
to hold office. 

Registration. — The laws of Oklahoma require voters 
in cities of the first class to register. This precaution is 
taken to insure that only those who are entitled to vote 
will be permitted to do so. In rural or town precincts 
the judges of the precincts are usually personally ac- 
quainted with the individual voters and registration is 
hardly essential. 

Mandatory Primary Elections. — In the general elec- 
tion the voter may vote for any person, but previously all 



58 Govi:rnm^ni in Oklahoma. 

but one candidate in each political party for each office 
have been eliminated by a primary election. 

The constitution of Oklahoma provided that a man- 
datory primary law should be enacted and that whenever 
the ''Federal constitution may permit, the election of 
United States senator shall be by direct vote." A manda- 
tory primary law is now in force in this state, and United 
States senators hereafter will be elected by direct vote. 

Elections. — Elections for state officials are held every 
four 3^ears, — 1914, 1918, etc.; for county officials, every 
two years, — 1913, 1915, etc. 

State Election Board. — The state election board con- 
sists of three members. Two members are appointed by 
the governor. The third member is ex officio secretary 
of the board. He is the secretary of the state senate. 
Not more than two of these board members shall be of 
the same political party. The duties of the board are 
as follows : to canvass the election returns for the state ; 
to appoint and supervise county election boards; and to 
supervise the elections. 

County Election Boards. — Three members, appointed 
by the state election board, constitute the county^ elec- 
tion board. This board canvasses county returns; super- 
vises all matters appertaining to county elections; and 
appoints precinct election board members. 

Precinct Election Boards. — Three members, appointed 
bj'- the county election board, constitute the precinct elec- 
tion board, and this board has powers and duties in the 
precinct election similar to the powers and duties of 
other election boards in their respective units. 

The Ballot. — With each of the ballots is printed a 
"stub," which has blanks for the voter's name, post 
office, street number, etc. This information is retained 
by the election officials to be used as a means of verifica- 



State: Govi:rnme:nt. 59 

tion in case of contests. As the voters are previously reg- 
istered, this "stub" becomes of vast importance in contest 
proceedings. 



SUGGESTIVE QUESTIONS 

In the national government what officials are elected? 
In Oklahoma government what officials are elected? 

Who may vote in Oklahoma elections? Who may 
not vote in Oklahoma elections? 

Why is registration required of voters in city pre- 
cincts ? 

How are candidates nominated? 

How often are general elections held for electing 
state officials? County officials? 

Describe the duties of the state election ])oard; 
county; precinct. 




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PART FOUR 



NATIONAL GOVERNAIENT 



CHAPTER XIII 

Constitution of the United States 

tTnited Efforts of Colonies.— Each of the English col- 
onies of America had a separate government, but all the 
colonies had some common interests. As the differences 
with the mother country became more grave the common 
interests of the colonies became more apparent. 

Continental Congress. — The acts of the British gov- 
ernment, Stamp Act, etc., finally brought about a united 
effort of resistance on the part of the colonies. In 1774 
the first continental congress was held by the colonies. 
In this congress all but one of the colonies w^ere repre- 
sented. In the following year, 1775, all the thirteen col- 
onies were represented in the second continental con- 
gress. It was this congress that organized the continental 
army, appointed George Washington as commander-in- 
chief, and adopted the Declaration of Independence. 

Articles of Confederation. — After the Revolutionary 

War the colonies became states. As each adopted a writ- 
ten constitution, the Articles of Confederation were 
adopted as a fundamental body of laws for the nation. 

Ratification of the Articles of Confederation by aU 
states was not secured until 1781. It was soon found that 
the Articles of Confederation were not sufficient for the 
(?enernl government. Ilnder the Articles of Confedera- 
tion, the general governnuMit had not sufficient power 



62 Government in Oklahoma. 

to act for the common welfare of all the states. There 
was no way of enforcing the orders of the general gov- 
ernment in raising revenue or providing an army even 
for defense. Since the general government could not 
raise adequate revenue, the public debts could not be 
paid and the credit of the nation was injured. 

Several unsuccessful attempts were made to amend 
these defects of the Articles of Confederation. 

Constitutional Convention. — When further attempts 
to amend the Articles of Confederation were deemed 
useless, and w^hen it was clearly imperative that the gen- 
eral government must have more power, a constitutional 
convention was called. 

This convention met at Philadelphia, May 25, 1787. 
The state of Rhode Island took no part in this conven- 
tion, but each of the other tAvelve of the thirteen original 
states sent delegates. 

The convention, as finally constituted, consisted of 
fifty-five delegates. Among these delegates were some of 
the most illustrious names in our history. Washington 
was made president of the convention. Hamilton and 
]\Iadison were most active in debates, but the venerable 
Franklin and all the other patriots Avorked faithfully for 
building up sound principles of government. Daily ses- 
sions Avere held until September 17, when the engrossed 
copy of the constitution was signed and the convention 
adjourned. 

Ratification of the Constitution. — In framing the 
Constitution many compromises were made, but serious 
objections still remained in many states so that it Avas a 
long time before all the states had ratified. Only the 
ratification of nine of the thirteen states Avas required 
and the ninth state ratified the Constitution in June, 1788. 
From that date the Constitution of the United States has 
been the supreme laAv of the land. Because the poAvers 

12—0. H. 



National Govkrnment. G3 

are divided between the national government and the 
state governments, our government is called a federal 
government. 

Provisions of the Constitution of the United States. 

— The Constitution of the United States provides : Art. 
I, For the legislative department of government; Art. IT, 
Executive department; Art. Ill, Judicial department; 
Art. IV, Interrelations of states; Art. V, Amendments; 
Art, VI and Art. VII, Miscellaneous matters. 

The first ten amendments Avere adopted immediately 
after ratification as a bill of rights ; the eleventh amend- 
ment, which prevents a person from suing a state, was 
adopted in 1798; the twelfth amendment (regulating the 
election of president) was adopted in 1804; the thirteenth, 
fourteenth, and fifteenth amendments were adopted after 
the Civil War, 1865-1870, to abolish slavery and grant i)er- 
sonal and political rights to ex-slaves. 

An amendment providing for the election of United 
States senators by direct vote was ratified by the re- 
quired number of states in 1913. 

SUGGESTIVE QUESTIONS 

Why did the English colonies unite? 

What were the most important acts of the second 
continental congress? 

When did the Constitution of the United States be- 
come binding? 

What were the defects of the Articles of Confedera- 
tion? 

When and where was the constitutional convention 
held? 

Name some prominent delegates to the constitutional 
convention. 



64 Government in Oklahoma. 

State the nature of each of the general divisions of 
the Constitution of the United States. 

Discuss the several amendments to the Constitution 
of the United States. 



National Government. 65 



CHAPTER XIV. 

Bxccntk'e Department 

The President. — The chief executive is the president, 
elected, not by direct vote, but by presidential electors 
who are elected by direct vote. His term of office is four 
years. His salary is $75,000.00 per year, and he is fur- 
nished an official residence in the White House. No one 
who has been naturalized in order to become a citizen 
may be elected president. To be elected president, one 
must have resided in the United States fourteen years. 

The president and vice-president are the only na- 
tional officials elected by the nation at large. All other 
important officials are appointed by the president. The 
president has the power of removal over any officials ap- 
pointed by him except the judges. 

The president has power to grant reprieves, com- 
mutations, and pardons for offenses committed against 
the United States. He may exercise the right of veto of 
acts of Congress. He nominates and with the advice and 
consent of the senate appoints ambassadors, ministers, 
consuls, and other officials who reside in foreign countries 
in order to attend to matters affecting the United States 
or its citizens. The regulations governing representation 
in foreign countries are fixed by treaties. 

The president is commander-in-chief of the army 
and navy, including the state militia when it is called 
into the service of the United States. Congress deter- 
mines the size of the army and navy, and provides for 
their organization and government. Congress also has 
the power to declare war. The president, however, con- 
trols the movements of the entire army and navy. 



66 GOVKRNMICNT IN OkIvAHOMA. 

Civil Service. — There are so many appointive posi- 
tions in the service of the national government that it is 
impossible for the president or any other single individ- 
ual to judge rightly of every applicant, hence laws to 
regulate the examination and appointment of persons to 
positions in public service have been passed by Congress. 
These are called civil service laws. 

In 1910, there were 381,088 officials and employees 
in the civil service. Of these, over nine thousand were 
appointed by the president, and more than two hundred 
thousand were subject to civil service examinations. The 
government since 1883 has been gradually extending the 
civil service law to all parts of the public service. 

The Cabinet. — The national executive departments 
established at first were state, treasury, war, and jus- 
tice. The following departments have since been estab- 
lished : navy, post-office, interior, agriculture, com- 
merce, and labor. The heads of these departments con- 
stitute the cabinet of the president. 

It is the duty of the officers of this cabinet to advise 
with the president as to governmental policies whenever 
requested to do so. Regular and special cabinet meetings 
are held. The members of this cabinet are appointed by 
the president and confirmed by the senate. 

The heads of departments are called secretaries, ex- 
cept in the cases of post-office and justice, where they 
are called postmaster-general and attorney-general re- 
spectively. 

Departments are usually subdivided into bureaus or 
offices, and these into divisions. The head of a bureau 
is called a commissioner, and the head of a division is 
called a chief. 

The department of state keeps a record of the acts 
of the president, the official documents of Congress, and 



National Government. 67 

tall treaties. The most important bureaus in this depart- 
ment are the diplomatic and consular bureaus. 

In the department of the interior the bureau of edu- 
cation is of great importance. The bureau of child wel- 
fare is also of vital importance. This bureau was estab- 
lished in 1912. It has to do with all matters that may 
work for the betterment of child life, such as compulsory 
school attendance, child labor laws, and medical inspec- 
tion of schools. 

Those living in rural communities come into direct 
contact with the department of agriculture through the 
bureaus of animal industry, w^eather bureau, and experi- 
ment stations. 

People in cities come into more direct contact with 
the department of commerce and labor through the bur- 
eaus of standards, immigration and naturalization, navi- 
gation and light house service. 

All of us come in contact with the post-office depart- 
ment. 

Unclassified. — The inter-state commerce commission, 
civil service commission, government printing office, 
Smithsonian Institution, and the library of Congress, are 
all of special value to the citizens, but they are outside of 
any established department. 

The Vice-President. — The vice-president is the pre- 
siding officer of the senate, but he has little else in the 
way of public service to perform. 

If the president dies, resigns, or for any reason is un- 
able to perform the duties of his office, the vice-president 
becomes acting president. There have been five cases of 
presidential succession, and in each case the vice-presi- 
dent became president. 

In case of a vacancy both in the presidency and vi(;e- 
presidency, the appointive executive officers beginning 
with secretary of state would succeed to the presidency. 



68 Government in Oklahoma. 

SUGGESTIVE QUESTIONS 

How is the president of the United States elected? 
AVhat is his salary? Term of office? 

Who succeeds in case of a vacancy in the office of 
president? In case of a vacancy both in presidency and 
vice-presidency ? 

Explain the president's powers. Civil service laws. 

Enumerate the executive departments of the national 
government. 

Who compose the president's cabinet? 

Describe the military powers of the president. 

What are bureaus? Divisions? Commissions? 

With what departments, bureaus, or commissions do 
people of this school district have dealings? 



National Govi-rnmknt. G9 



CHAPTER XV. 

L eg isla t k 'c Department 

The legislative department of the national govern- 
ment consists of the senate and house of representatives. 
This branch of government is called Congress. Congress 
meets in regular sessions every year at Washington, D. C, 
on the first Monday in December. Special sessions may be 
called by the president. 

House of Representatives. — Members of the house of 
representatives are apportioned to the several states ac- 
cording to population. The ratio now (1910-1920) is one 
representative for every 212,407 population. This ratio 
is fixed by congress once every ten years. Representative 
districts in each state are fixed by the state legislature 
thereof. 

The representatives in congress are elected by direct 
vote of the citizens. Oklahoma at present (1914) has eight 
representatives. 

The house of representatives elects one of its own 
members as speaker, or presiding officer. 

The Senate.— The states are represented in Congress 
by senators— two from each state. Senators hereafter 
will be elected by direct vote of the people. This plan 
of indirect election of senators has not been satisfactory, 
and a strong demand was made for a change in the na- 
tional Constitution so that senators might be elected by 
direct vote of the citizens. This amendment was rati- 
fied in 1913 and hereafter United States senators will be 
elected by direct vote. The term of office of a senator 
is six years. 



70 Government in Oklahoma 

How Laws are Passed in Congress. — Acts of Congress 
are passed much as acts of the state legislature are 
passed : that is, the proposed measure, after receiving a 
majority of votes in the house in which it originated, is 
sent to the other house; and if a majority of that house 
vote for it the measure is then sent to the chief executive ; 
and if he approves it by signing it the enactment be- 
comes law. If, however, the chief executive vetoes the 
measure, i. e., refuses to sign it, the bill, together with 
his objections, is returned to the house in which it orig- 
inated. If, then, two-thirds of each house vote for the bill, 
it becomes a law. This is called ''passing a law over the 
president's veto." 

Committees. — In both houses of Congress certain 
committees have charge of all bills. When a committee 
recommends a bill for passage, it has a great advantage. 
On the other hand, many bills are "killed" in the com- 
mittees, i. e., the committee in charge fails to report or 
to allow the measure to come up for consideration. 

Powers of Congress. — The principal powers of Con- 
gress are enumerated in the Constitution; that is, they 
are set forth in detail. They may be discussed under the 
following groupings: Revenue and Expenditure, Mili- 
tary and Naval Affairs, Commerce, Money, Postal Sys- 
tem and Miscellaneous. 

Revenue and Expenditure. — Congress may levy any 
kind of taxes except export duties, that is, taxes on goods 
which are sent to foreign countries. However, since the 
smaller units of government, state, county, etc., employ 
the direct tax as a means of raising revenue, the national 
government does not, in general, use this means of tax- 
ing. Also, the Constitution of the United States (article 
I, section 9, paragraph 4) requires that, in collecting 
revenue. Congress shall apportion it among the several 



National Government. 71 

states according to population, and not according to the 
value of the property taxed. For the two reasons above 
stated, the taxes levied by the national government are 
customs duties and internal revenue taxes. The Constitu- 
tion (article I, section 8, paragraph 1) provides that these 
duties and taxes shall be uniform throughout the several 
states. Congress can, of course, levy different rates on 
different articles, but the rate on any given article must 
be the same in all of the several states. 

Customs Duties are also known as imposts, or taxes 
on imports, and are levied on goods that are brought into 
the United States from foreign countries. 

These tax rates may be specific, that is, without re- 
gard to value ; as three cents per pair on gloves. Or they 
may be ad valorem, that is, according to value ; as, 20 per 
centum on the value of jewelry. In some instances, these 
rates are made high so that foreign goods, after the im- 
port duty has been paid, cannot be sold for so low a 
price as the same goods produced in this country. Such 
a tax or rate is called a protective tariff; that is, it is 
meant to protect home industries. 

Internal Revenue Taxes are called excises. They are 
usually levied on things manufactured or offered for 
sale in the United States. The sources of this revenue 
are intoxicating liquors, tobacco, oleomargarine and many 
other articles. Income taxes are also classed as internal 
revenue taxes. 

The receipts from taxation and all other sources are 
paid into the national treasury. The chief depository is 
at Washington, D. C, but sub-treasuries have been estab- 
lished at other cities. No money can be paid out of the 
treasury, except in accordance with congressional appro- 
priations. 



72 GoVIvRNMENT IN OkIvAHOMA. 

The following table shows the national receipts and 
expenditures for the fiscal year ending June 30, 1910 : 

REVENUE 

Customs Duties $333,683,445 

Internal Revenue Taxes 289,933,510 

Postal System 224,128,658 

Public Debt 31,674,292 

Miscellaneous 51,894,751 

Total $931,314,665 

EXPENDITURES 

Postal System $234,246,565 

Pensions 160,696,416 

War Department 158,172,957 

Navy Department 123,974,208 

Other Executive Departments 184,531,272 

Congress 13,616,496 

Judicial Department 8,596,135 

Panama Canal 33,911,673 

Public Debt 33,049,696 

Total $950,795,418 

The Army. — Congress has full power to regulate the 
size of the army, and the national policy has always been 
to have a small standing army. Since we have acquired 
the Philippine Islands, Porto Rico, and Hawaii, the size 
of the standing army has been increased. In 1898 the 
army included only about 25,000 men, but in 1910 there 
were more than 70,000 men enlisted in the army. 

The Navy.— The navy of the United States now (1914) 
includes more than three dozen battleships and about 160 
other fighting vessels. In 1910, there were about 10,000 
men in the regular navy. 



National Govern mknt. 73 

Commerce. — Many commercial transactions arise be- 
tween residents of different states. This is called inter- 
state comnieree. Railroads, pipe lines, etc., operate through 
several states, and Congress is given power to regulate 
all such transactions. In other instances, transactions 
arise between citizens of the United States and citizens 
of other countries. This is called foreign commerce, and 
is also regulated by Congress. Congress has passed laws 
regulating trusts and corporations, pure food laws, laws 
for the inspection of meats, etc., in order to regulate in- 
terstate commerce. 

Standards of zveights and measures are also set by 
Congress. 

Money. ^Money, as the standard of value and medium 
of exchange, is of great commercial importance. There 
are two kinds of money — coins and paper money. 

Coins are either gold, silver, nickel, or copper. Con- 
gress regulates the value of each kind of money to be 
place in circulation, and provides heavy penalties for 
counterfeiting. 

There are five kinds of paper money in the United 
States, — gold certificates, silver certificates, treasury 
notes, United States notes and national bank notes. Gold 
and silver coins are not convenient to carry in large 
amounts, hence the law permits any one to deposit coins 
in the United States treasury and receive in exchange 
certificates for the same amouiit. Between 1890 and 
1893 the government purchased a large amount of sil- 
ver and paid for it by issuing treasury notes. Only a 
small per cent of these notes remain in circulation. 
During the Civil war the government issued United 
States notes, called ''greenbacks," each of which was 
a promise to pay a certain amount. Tliese notes were 
made legal tender; that is, persons were obliged to ac- 
cept them in payment of debts. They represent a part 



74 Government in Oklahoma. 

of the national debt, but do not bear interest. Congress 
gives national banks the right to issue paper money 
called bank notes. These notes are promises of the bank 
to pay the amounts named. People are willing to ac- 
cept them, as they are guaranteed by United States 
bonds which are deposited by the bank with officials 
of the treasury. 

The total amount of money in the United States on 
June 30, 1910, was $3,419,591,483,* of which the sum of 
$317,235,878 was in the treasury of the United States 
and the remainder in circulation. The following table 
shows the amount of each kind of money in the United 
States : 

Gold Coin $833,289,279 

Silver Coin 241,167,018 

Gold Certificates 802,754,199 

Silver Certificates 478,597,238 

United States Notes 346,681,016 

Treasury Notes 3,672,000 

National Bank Notes 713,430,733 

Total $3,419,591,483 

National Territories. — Our nation has acquired ter- 
ritory by various means. As this territory is not a part 
of any state, Congress has full power to govern it or 
provide laws for its government. 

The original territory belonging to the United States, 
that is, the contiguous territory, was divided into terri- 
tories to be governed until they became states. Pro- 
visional governments were provided for them. 

Since the Constitution was adopted, 35 territories 
have been admitted as states. New Mexico and Arizona, 
admitted in 1912, were the last continental territories 
admitted to statehood. 

*Does not inchule nickel and copper coins. 



National Govkrnmf.nt. 75 

The District of Cohimbia is of course a continental 
territory, but it was set apart as a scat of national gov- 
ernment, not to be erected into a sovereign state. 

Reservations. — Congress has full power to regulate 
and control Indian reservations. All forest reserves, mili- 
tary reservations, etc. are governed according to the regu- 
lations provided by Congress. 

Implied Powers. — Congress was granted certain pow- 
ers or rights, and other rights were reserved to the states 
respectively, but the Constitution (article 1, section 8, 
paragraph 18) also gives Congress power to make such 
regulations as are necessary to carry its expressed powers 
into execution. 



SUGGEvSTIVE QUESTIONS 

Of what does Congress consist? When are where 
are the sessions of Congress held? 

How are representatives apportioned? How chosen? 
What is the present ratio? How many representatives 
has Oklahoma? How are representative districts fixed? 

How is the speaker of the house chosen? 

How many senators from each state? 

How are senators chosen? For what term? 

How are laws passed in Congress? 

Explain the committee plan. 

What kinds of taxes are levied by Congress? Does 
it levy direct taxes? 

What are customs duties? How are they collected? 
What is meant by a protective tariff? 

What are internal revenue taxes? Name the most 
important taxes of this class. 

How are national expenditures authorized? What 
are the chief items of expenditure? What are the chief 
sources of revenue? 



76 Government in Oklahoma. 

What has been the national policy regarding the 
size of the army? Give the organized strength of the 
naval forces. 

What kind of commerce is regulated by Congress? 

Name the two kinds of money; the different kinds of 
coined money; the different kinds of paper money. Ex- 
plain what is meant by "legal tender." Are national 
bank notes legal tender? Why are people willing to 
accept snch notes? 

ITow is the District of Columbia governed? What is 
meant by implied powers of Congress? 



National Govii:RNMKNT. 77 



CHAPTER XVI. 

Judicial Department 

The Supreme Court. — The supreme court of the 
United States is the highest court in our nation. It con- 
sists of a chief justice and eight associate justices. This 
court holds its principal session at the national Capitol. 
The justices in all national courts are appointed by the 
president and confirmed by the senate. The term of office 
is during good behavior. The chief justice receives an 
annual salary of $15,000.00, and each associate justice 
$14,500.00. 

The supreme court appoints its own clerk and mar- 
shal. 

The Circuit Courts of Appeals. — In order to relieve 
the supreme court of a part of the burden of appealed 
cases from the district courts. Congress, in 1891, estab- 
lished the circuit courts of appeals. For this judicial 
purpose the whole country is divided into nine circuits 
or districts, and a circuit court of appeals is established 
for each district. One justice of the supreme court and 
two or more circuit judges are assigned to each circuit. 
Appeals, as a rule, come from the district courts to the 
circuit courts of appeals. 

District Courts. — The national court of lowest rank 
is called a district court. There are almost one hun- 
dred districts now (1914) established. Each district has 
several divisions and court is held in each division. 

Special Courts. — The national government cannot be 
sued in the regular courts, but an individual may get 
adjustment of liis rights against tlie nation in tlie court 
of claims. 



78 GovERNMKNT IN Oklahoma. 

Questions arising as to the administration of the 
tariff laws are adjusted in the court of customs appeals. 

Court of Impeachment. — The president, judges of the 
supreme court, and all civil officers of the United States 
may be removed from office on account of treason, brib- 
ery, or other high crimes and misdemeanors. In all such 
cases, the house of representatives makes the impeach- 
ment charges, and the senate acts as a court and tries 
the accused. 



SUGGESTIVE QUESTIONS 

Explain the organization of the supreme court. How 
are judges of national courts chosen? For what term? 

When and for what purpose were the circuit courts 
of appeals established? How many circuits are there? 
What judges are provided for each circuit? 

AVhat are the national courts of lowest rank called? 

Explain the special courts. Court of impeachment. 



13—0. 11. 



National Gove:rnme;nt. 79 

APPENDIX A. 

CONSTITUTION OP THE UNITED STATES 

We the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquility, provide for the common defense, promote the 
general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I 

Section 1. All legislative powers herein granted shall 
be vested in a Congress of the United States, which shall 
consist of a Senate and Plouse of Representatives. 

Section 2. l.The House of Representatives shall be 
composed of members chosen every second year by the 
people of the several States, and electors in each State 
shall have the qualifications requisite for electors of the 
most numerous branch of the State legislature. 

2 No person shall be a representative who shall not 
have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which 
he shall be chosen. 

3 Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the whole number 
of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three 
fifths of all other persons.* The actual enumeration shall 
be made within three years after the first meeting of the 
Congress of the United States, and within every subse- 



* The last half of the sentence was superseded by the 13tli and 
14th Amendments. 



80 Govern me;nt in Oklahoma. 

quent term of ten years, in such manner as they shall by 
law direct. The number of representatives shall not ex- 
ceed one for every thirty thousand, but each State shall 
have at least one representative ; and until such enumera- 
tion shall be made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode Is- 
land and Providence Plantations one, Connecticut five. 
New York six. New Jersey four, Pennsylvania eight, Dela- 
ware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina fi^'e, and Georgia three. 

4: AYhen vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5 The House of Representatives shall choose their 
speaker and other officers, and shall have the sole power 
of impeachment. 

Section 3. 1 The Senate of the United States shall 
be composed of two senators from each State, chosen ])y 
the legislature thereof for six years; and each senator 
shall have one vote. 

2 Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the 
senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the expira- 
tion of the fourth year, and of the third class at the expira- 
tion of the sixth year, so that one third may be chosen 
every second year; and if vacancies happen by resigna- 
tion, or otherwise, during the recess of the legislature of 
any State, the executive thereof ma}^ make temporary 
appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

3 No person shall be a senator who shall not have at- 
lainod to the age of thirty year's, and been nine years a 



Appendix. 81 

citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

4 The Vice President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided. 

5 The Senate shall choose their other officers, and 
also a president pro tempore, in the absence of the Vice 
President, or when he shall exercise the office of President 
of the United States. 

6 The Senate shall have the sole power to try all im- 
peachments. "When sitting for that purpose, they shall 
be on oath or affirmation. When the President of the 
United States is tried, the chief justice shall preside : and 
no person shall be convicted without the concurrence of 
two thirds of the members present. 

7 Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and disqualifi- 
cation to hold and enjoy any oft'ice of honor, trust or profit 
under the United States: but the party convicted shall 
nevertheless be liable and subject to indictment, trial, 
judgment and punishment, according to law. 

Section 4. 1 The times, places and manner of holding 
elections for senators and representatives, shall be pre- 
scribed in each State by the legislature thereof; but the 
Congress may at any time by law make or alter such 
regulations, except as to the places of choosing senators. 

2 The Congress shall assemble at least once in every 
year, and such meeting shall be on the first ]\Ioiiday in 
December, unless they shall by law appoint a different 
day. 

Section 5. 1 Each house shall be the judge of the 
elections, returns and qualifications of its own members, 
and a majority of each shall constitute a quorum to do 
business- but a smaller number may adjourn fi'oni day to 



82 Gove:rnme:nt in Oklahoma. 

day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties 
as each house may provide. 

2 Each house may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, with 
the concurrence of two thirds, expel a member. 

3 Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may in their judgment require secrecy; and the 
yeas and nays of the members of either house on any ques- 
tion shall, at the desire of one fifth of those present, be 
entered on the journal. 

4 Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two houses shall be sitting. 

Section 6. 1 The senators and representatives shall 
receive a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United States. 
They shall in all cases, except treason, felony and breach 
of the peace, be privileged from arrest during their at- 
tendance at the session of their respective houses, and in 
going to and returning from the same ; and for any speech 
or debate in either house, they shall not be questioned in 
any other place. 

2 No senator or representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased during such time ; and no person holding any 
office under the United States shall be a member of either 
house during his continuance in office. 

Section 7. 1 All bills for raising revenue shall origi- 
nate in the House of Representatives; but the Senate may 
propose or concur with amendments as on other bills. 



Appendix. 83 

2 Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become a 
law, be presented to the President of the United States; 
if he approve he shall sign it, but if not he shall return it, 
with his objections to that house in which it shall have 
originated, Avho shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such recon- 
sideration two thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and 
if approved by tAvo thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall 
not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had signed 
it, unless the Congress by their adjournment prevent its 
return, in which case it shall not be a law. 

3 Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representatives may 
be necessary (except on a question of adjournment) shall 
be presented to the President of the United States; and 
before the same shall take effect, shall be approved by 
him, or being disapproved by him, shall be repassed by 
two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the 
case of a bill. 

Section 8. 1 The Congress shall have power to lay 
and collect taxes, duties, imposts and excises, to pay the 
debts and provide for the common defense and general 
welfare of the United States; but all duties, imposts and 
excises shall be uniform throughout the United States ; 



8J: Govkrnmi:nt in Oklahoma. 

2 To borrow money on the credit of the United States ; 

3 To regulate commerce Avith foreign nations, and 
among the several States, and Avith the Indian tribes; 

4 To establish an uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies through- 
out the United States; 

5 To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and meas- 
ures ; 

6 To provide for the punishment of counterfeiting 
the securities and current coin of the United States; 

7 To establish post oifices and post roads; 

8 To promote the progress of science and useful 
arts by securing for limited times to authors and inven- 
tors the exclusive right to their respective writings and 
discoveries ; 

9 To constitute tribunals inferior to the Supreme 
Court ; 

10 To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the laAV of 
nations- 

11 To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water ; 

12 To raise and support armies, but no appropria- 
tion of money to that use shall be for a longer term than 
two years; 

13 To provide and maintain a navy; 

14 To make rules for the government and regula- 
tion of the land and naval forces; 

15 To provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections and 
repel invasions; 

16 To provide for organizing, arming, and discip- 
lining the militia, and for governing such part of them 



Appendix. ^^ 

as may be employed in the service of the United States, 
reserving to the States respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten miles 
square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the govern- 
ment of the United States,* and to exercise like authority 
over all places purchased by the consent of the legisla- 
ture of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dockyards, and 
other needful buildings ; and 

18 To make all laws which shall be necessary and 
proper for carrying into execution the foregoing^ pow- 
ers, and all other powers vested by this Constitution in 
the' government of the United States, or in any depart- 
ment or officer thereof. 

Section 9. 1 The migration or importation of such 
persons as any of the States now existing shall think 
proper to admit, shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person.** 

2 The privilege of the writ of habeas corpus shall 
not be suspended, unless when in cases of rebellion or 
invasion the public safety may require it. 

3 No bill of attainder or ex post facto law shall be 

passed. 

4 No capitation, or other direct, tax shall be laid, 
unless in proportion to the census or enumeration herein- 
before directed to be taken. 

*The District of Columbia, which comes under these regula- 
tions, had not then been erected. a f i v 

**A temporary clause, no longer in force. See also Article v, 
p. 93. 



86 Government in Oklahoma. 

5 No tax or duty shall be laid on articles exported 
from any State. 

6 No preference shall be given by any regulation of 
commerce or revenue to the ports of one State over those 
of another : nor shall vessels bound to, or from, one 
State be obliged to enter, clear, or pay duties in another. 

7 No money shall be drawn from the treasury, but 
in consequence of appropriations made by law ; and a 
regular statement and account of the receipts and expen- 
ditures of all public money shall be published from time 
to time. 

8 No title of nobility shall be granted by the United 
States: and no person holding any office of profit or 
trust under them, shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince, or foreign 
State. 

Section 10.* 1 No State shall enter into any treaty, 
alliance, or confederation; grant letters of marque and 
reprisal; coin money; emit bills of credit; make anything 
but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts, or grant any title of 
nobility. 

2 No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in- 
spection laws: and the net produce of all duties and im- 
posts laid by any State on imports or exports, shall be 
for the use of the treasury of the United States ; and all 
such laws shall be subject to the revision and control of 
the Congress. 



* See also the 10th, 13th, 14th, and 15th Amendments, pp. 
97, 99, 100, 101. 



Appendix. 87 

3 No State shall, without the consent of Congress, 
lay any duty of tonnage, keep troops, or ships of war in 
time of peace, enter into any agreement or compact with 
another State, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as 
will not admit of delay. 

ARTICLE II 

Section 1. 1 The executive power shall be vested in 
a President of the United States of America. He shall 
hold his office during the term of four years, and, to- 
gether with the Vice President, chosen for the same term, 
be elected, as follows: 

2 Each State shall appoint, in such manner as the 
legislature thereof may direct, a number of electors, equal 
to the whole number of senators and representatives to 
which the State may be entitled in the Congress : but no 
senator or representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an elector. 

[The electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one at least 
shall not be an inhabitant of the same State with them- 
selves. And they shall make a list of all the persons 
voted for, and of the number of votes for each ; which 
list they shall sign and certify, and transmit sealed to 
the seat of government of the United States, directed to 
the president of the Senate. The president of the Senate 
shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest num- 
ber of votes shall be the President, if such number be a 
majority of the whole number of electors appointed ; and 
if there be more than one who "have such majority, and 
have an equal number of votes, then the House of Repre- 



88 Government km Oklahoma. 

sentatives shall immediately choose by ballot one of them 
for President; and if no person have a majority, then 
from the five highest on the list the said house shall in 
like manner choose the President. But in choosing the 
President, the votes shall be taken by States, the repre- 
sentation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from 
two thirds of the States, and a majority of all the States 
shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest 
number of votes of the electors shall be the Vice Presi- 
dent. But if there should remain two or more w^ho have 
equal votes, the Senate shall choose from them by ballot 
the Vice President.]* 

3 The Congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the United 
States. 

4 No person except a natural born citizen, or a 
citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of Presi- 
dent ; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United 
States. 

5 In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall devolve 
on the Vice President, and the Congress may by law pro- 
vide for the case of removal, death, resignation, or in- 
ability, both of the President and Vice President, declar- 
ing w^hat officer shall then act as President, and such 



* This paragraph superseded by the 12 amendment. (See p. 
97.) 



AppiCNDix. ^^ 

officer shall- act accordingly, until the disability be re- 
moved, or a President shall be elected. 

6 The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected, and he shall not receive withm 
that period any other emolument from the United States, . 
or any of them. 

7 Before he enter on the execution of his office, he 
shall take the following oath or affirmation:—"! do sol- 
emnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will to 
the best of my ability, preserve, protect and defend the 
Constitution of the United States." 

Section 2. 1 The President shall be commander m 
chief of the army and navy of the United States, and of 
the militia of the several States, when called into the 
actual service of the United States; he may require the 
opinion, in writing, of the principal oft'icer m each of the 
executive departments, upon any subject relating to the 
duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

2 He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the senators present concur; and he shall nomi- 
nate, and by and with the advice and consent of the Sen- 
ate shall appoint ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other offi- 
cers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be estab- 
lished by law: but the Congress may by law vest the ap- 
pointment of such inferior officers as they think proper, 
in the President alone, in the courts of law, or m the heads 
of departments. 



90 Gove:rnme:nt in Oklahoma. 

3 The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of their 
next session. 

. Section 3. He shall from time to time give to the 
Congress information of the state of the Union, and recom- 
mend to their consideration such measures as he shall 
judge necessary and expedient ; he may, on extraordinary 
occasions, convene both houses, or either of them, and in 
case of disagreement between them with respect to the 
time of adjournment, he may adjourn them to such time 
as he shall think proper ; he shall receive ambassadors and 
other public ministers; he shall take care that the laws 
be faithfully executed, and shall commission all the officers 
of the United States. 

Section 4. The President, Vice President, and all civil 
officers of the United States, shall be removed from office 
on impeachment for, and conviction of, treason, bribery, 
or other high crimes and misdemeanors. 

ARTICLE III 

Section 1. The judicial power of the United States 
shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and 
establish. The judges, both of the Supreme and inferior 
courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services, a compen- 
sation which shall not be diminished during their con- 
tinuance in office. 

Section 2. 1 The judicial power shall extend to all 
cases, in law and equity, arising under this Constitution, 
the laws of the United States, and treaties made, or which 
shall be made, under their authority ; — to all cases affecting 
ambassadors, other public ministers and consuls; — to all 
cases of admiralty and maritime jurisdiction ; — to contro- 



Appendix. 91 

versies to which the United States shall be a party; — to 
controversies between two or more States; — between a 
State and citizens of another State ;*— between citizens 
of different States ;— between citizens of the same State 
claiming lands under grants of different States, and be- 
tween a State, or the citizens thereof, and foreign States, 
citizens or subjects. 

2 In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a State shall be 
party, the Supreme Court shall have original jurisdiction. 
In all the other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both as to law 
and fact, with such exceptions, and under such regula- 
tions as the Congress shall make. 

3 The trial of all crimes, except in cases of impeach- 
ment, shall be by jury; and such trial shall be held in 
the State where the said crimes shall have been com- 
mitted; but when not committed within any State, the 
trial shall be at such place or places as the Congress may 
by law have directed. 

Section 3. 1 Treason against the United States shall 
consist only in levying war against them, or in adhering 
to their enemies, giving them aid and comfort. No per- 
son shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession 
in open court. 

2 The Congress shall have power to declare the pun- 
ishment of treason, but no attainder of treason shall Avork 
corruption of blood, or forfeiture except during the life 
of the person attained. 

ARTICLE IV 

Section 1. Full faith and credit shall be given in 
each State to the public acts, records, and judicial pro- 



*See the 11th Ameiulmeut, p. 97. 



92 Government in Oklahoma. 

ceedings of every other State. And the Congress may 
by general laws prescribe the manner in Avhich such acts, 
records and proceedings shall be proved, and the effect 
thereof. 

Section 2. 1 The citizens of each State shall be 
entitled to all privileges and immunities of citizens in 
the several States. 

2 A person charged in any State with treason, fel- 
ony, or other crime, who shall tlee from justice, and 
be found in another State, shall on demand of the execu- 
tive authority of the State from which he fled, be deliv- 
ered up to be removed to the State having, jurisdiction of 
the crime. 

3 No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in 
consequence of any law or regulation therein, be dis- 
charged from such service or labor, but shall be deliv- 
ered up on claim of the party to whom such service or 
labor may be due. 

Section 3. 1 New States may be admitted by the 
Congress into this Union; but no new State shall be 
formed or erected within the jurisdiction of any other 
State ; nor any State be formed by the junction of two or 
more States, or parts of States, without the consent of 
the legislatures of the States concerned as well as of 
the Congress. 

2 The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United States ; 
and nothing in this Constitution shall be so construed 
as to prejudice any claims of the United States, or of 
any particular State. 

Section 4. The United States shall guarantee to 
every State in this Union a repul)lican form of govern- 
ment, and shall i)rotect each of them against invasion; 



Appendix. 93 

and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against do- 
mestic violence. 

ARTICLE V 

The Congress, whenever two thirds of both houses 
shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the legisla- 
tures of two thirds of the several States, shall call a con- 
vention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this 
Constitution, when ratified by the legislatures of three 
fourths of the several States, or by conventions in three 
fourths thereof, as the one or the other mode of ratifica- 
tion may be proposed by the Congress ; Provided that no 
amendment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI 

1 All debts contracted and engagements entered 
into, before the adoption of this Constitution, shall be 
as valid against the United States under tliis Constitu- 
tion, as under the Confederation. 

2 This Constitution, and the laws of the United States 
which shall be made in pursuance thereof; and all treaties 
made, or which shall be made, under the authority of 
the United States, shall be the supreme law of the land ; 
and the judges in every State shall be bound therel)y, 
anything in the Constitution or laws of any State to 
the contrary notwithstanding. 

3 The senators and representatives before men- 
tioned, and the members of the several State legislatures, 
and all executive and judicial officers, both of the United 



94 



Governme:nt in Oklahoma. 



States, and of the several States, shall be bound by oath 
or affirmation to support this Constitution; but no relig- 
ious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII 

The ratification of the conventions of nine States 
shall be sufficient for the establishment of this Constitu- 
tion between the States so ratifying the same. 

Done in Convention by the unanimous consent of the 
States present the seventh day of September in the 
year of our Lord one thousand seven hundred and 
eighty-seven, and of the independence of the United 
States of America the twelfth. In witness w^hereof 
we have hereunto subscribed our names, 

Go: WA'iHINGTON — 

Presidt. and Deputy from Virginia 



N'czv HampsJiire 
John Langdon 
Nicholas Oilman 

MassacJuisctts 
Nathaniel Gorham 
Rufus King 

Connecticut 
Wm. Saml. Johnson 
Roger Sherman 



Delaivare 
Geo : Read 

Gunning Bedford Jun 
John Dickinson 
Richard Bassett 
Jaco: Broom 

Maryland 
James McHenry 
Dan of St. Thos Jenifer 
Danl. Carroll 



New York 
Alexander Hamilton 



Virginia 
John Blair — 
James Madison Jr. 



14—0. H. 



Appendix. 



Nczv Jersey 
Wil: Livingston 
David Brearley 
Wm. Paterson 
Jona : Dayton 

Peiinsyk'auia 
B. Franklin 
Thomas Mifflin 
Robt. Morris 
Geo. Clymer 
Thos. Fitzsimons 
Jared Ingersoll 
James Wilson 
Gouv Morris 



NortJi Carolina 
Wm. Blount 
Richd. Dobbs Spaight 
IIu Williamson 

South Carolina 
J. Rutledge, 

Charles Cotesworth Pinckney 
Charles Pinckney 
Pierce Butler. 

Georgia 
William Few 
Abr Baldwin 



Attest William Jackson Secretary. 

Articles in addition to, and amendment of, the Constitution 
of the United States of America, proposed by Con- 
gress, and ratified by the legislatures of the several 
States pursuant to the fifth article of the original 
Constitution. 

ARTICLE P 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech, or of the press; or 
the right of the people peaceably to assem})le, and to peti- 
tion the government for a redress of grievances. 

ARTICLE II 

A well regulated militia, being necessary to the se- 
curity of a free State, the right of the people to keep and 
bear arms, shall not be infringed. 



* The first ten Aniendinents were adopted in 1791, 



96 Govi;rnment in Oklahoma. 

ARTICLE III 

No soldier shall, in time of peace be quartered in 
any house, without the consent of the owner, nor in time 
of war, but in a manner to be prescribed by laAV. . 

ARTICLE IV 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated, and no warrants shall 
issue, but upon probable cause, supported by oath or af- 
firmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or in- 
dictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual 
service in time of war or public danger; nor shall any 
person be subject for the same offense to be twice put in 
jeopardy of life or limb ; nor shall be compelled in an^^ 
criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process 
of law; nor shall private property be taken for public 
use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoj' 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been previ- 
ously ascertained by law, and to be informed of the na- 
ture and cause of the accusation ; to be confronted with 
the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the as- 
sistance of counsel for his defense. 



Appendix. 97 

ARTICLE VII 

In suits at common law, wliere the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved, and no fact tried by a jury shall 
be otherwise reexamined in any court of the United 
States, than according to the rules of the common law. 

ARTICLE VIII 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

ARTICLE IX 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others re- 
tained by the people. 

ARTICLE X. 

The powers not delegated to the United States hy the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

ARTICLE XI* 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States 
by citizens of another State, or by citizens or subjects of 
any foreign State. 

ARTICLE XII** 

The electors shall meet in their respective States,, 
and vote by ballot for President and Vice President, one 
of whom, at least, shall not be an inha])itnnt of llie same 

* Adopted in ]798. 
**Adopted iu 1804. 



98 Govi:rnme:nt in Oklahoma. 

State with themselves; they shall name in their ballots 
the person voted for as President, and in distinct bal- 
lots the person voted for as Vice President, and they 
shall make distinct lists of all persons voted for as 
President, and of all persons voted for as Vice President, 
and of the number of votes for each, which lists they 
shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the 
president of the Senate ; — The president of the Senate 
shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates and the votes shall 
then be counted; — The person having the greatest number 
of votes for President shall be the President, if such num- 
ber be a majority of the whole number of electors ap- 
pointed ; and if no person have such majority, then from 
the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the House 
of Representatives shall choose immediately, by ballot, 
the President. But in choosing the President, the votes 
shall be taken by States, the representation from each 
State having one vote ; a ciuorum for this purpose shall 
consist of a member or members from two thirds of the 
States, and a majority of all the States shall be necessary 
to a choice. And if the House of Representatives shall 
not choose a President Avhenever the right of choice shall 
devolve upon them, before the fourth day of March next 
following, then the Vice President shall act as President, 
as in the case of the death or other constitutional disa- 
bility of the President. The person having the greatest 
number of votes as Vice President shall be the Vice Presi- 
dent, if such number be a majority of the whole number 
of electors appointed, and if no person have a majority, 
then from the two highest numbers on the list, the Senate 
shall choose the Vice President ; a quorum for the pur- 
pose shall consist of two thirds of the whole number of 



ArrKNDix. y*) 

senators, and a majority of tho whole num1)er shall be 
necessary to a choice. But no person constitutionally in- 
eligible to the office of President shall be eligible to that 
of Vice President of the United States. 

ARTICLE XIII* 

Section 1. Neither slavery nor involuntary servi- 
tude, except as a punishment for crime whereof the party 
shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XIV** 

Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State Avherein they 
reside. No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of 
the United States; nor shall any State deprive any per- 
son of life, liberty, or property, without due process of 
law; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Section 2. Representatives shall be apportioned 
among the several States according to their respective 
numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But Avhen the right 
to vote at any election for the choice of electors for Presi- 
dent and Vice President of the United States, representa- 
tives in Congress, the executive and judicial officers of 
a State, or the members of the legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, 
*Adopte(l in ]8G5. **A(lopted in 1868. 



100 Governme:nt in Oklahoma. 

or ill any way abridged, except for participation in re- 
bellion, or other crime, the basis of representation therein 
shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male 
citizens twenty-one j^ears of age in such State. 

Section 3. No person shall be a senator or representa- 
tive in Congress, or elector of President and Vice Presi- 
dentj or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken 
an oath, as a member of Congress, or as an officer of the 
United States, or as a member of any State legislature, or 
as an executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Con- 
gress may by a vote of two thirds of each house, remove 
such disability. 

Section 4. The validity of the public debt of the 
United States, authorized by law, including debts in- 
curred for payment of pensions and bounties for services 
in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred* in aid of 
insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; but 
all such debts, obligations and claims shall be held illegal 
and void. 

Section 5. The Congress shall have power to en- 
force, by appropriate legislation, the provisions of this 
article. 

ARTICLE XV* 

Section 1. The right of citizens of the United States 
to vote shall not be denied or abridged 'by the United 

* Adopted in 1870. 



ArriCNDix. 101 

States or by any State on account ol* race, coloi-, or pi-cvi- 
oiis condition of servitude. 

Section 2. Tlie Conjj^ress shall have power to en- 
force this article by appropriate legislation. 

ARTICLE XVP 

The Congress shall have power to lay and collect taxes 
on incomes; from whatever source derived, without ap- 
portionment among the several states, and without regard 
to any census enumeration. 

ARTICLE XVIP* 

The Senate of the United States shall be composed 
of two senators from each State, elected by the people 
thereof, for six years; and each senator shall have one 
vote. The electors in each State shall have the qualifica- 
tions requisite for electors of the most numerous branch 
of the State legislature. 

When vacancies happen in the representation of any 
State in the Senate, the executive authority of such State 
shall issue writs of election to fill such vacancies : Provided, 
That the legislature of any State may empower the execu- 
tive thereof to make temporary appointments until the 
people fill the vacancies by election as the legislature 
may direct. 

This amendment shall not be so construed as to affect 
the election or term of any senator chosen before it be- 
comes valid as part of the Constitution. 



* The sixteenth ainendinent was proposed l)y Con}j;ress on July 

12, 1909. On February 25, ]913, Secretary of State Knox certified 
that it had become a part of the Constitution. 

**The seventeenth aniendinent was proposed liy Confjress May 

13, 1912. On May ;n, 191. "i, Secretary of State Bryan certified 
that it had been ratified by two-thirds of all the states and was 
therefore a part of the Constitution. 



102 Gove;rnmb:nt in Oklahoma. 

APPENDIX B. 

RIGHTS OF INDIVIDUALS 

There are certain rights which the group secures to 
each loyal individual. In the family the parents protect 
the children in their rights ; in the school the teacher sees 
to it that the rights of each pupil are respected. In "the 
state and in the nation certain rights are considered 
of such importance that they are defined in the funda- 
mental law — the Constitution. These rights were not 
included in the national Constitution but added as the 
first ten amendments (see Appendix A.) immediately after 
the Constitution was ratified by the states. 

In Oklahoma the most important rights of individu- 
als are defined in Article II of the constitution. 

OKLAHOMA BILL OF RIGHTS 

(Article II, Oklahoma constitution) 

Section 1. — All "Political Power Inherent in People. 
— All political power is inherent in the people; and gov- 
ernment is instituted for their protection, security, and 
benefit, and to promote their general welfare; and they 
have the right to alter or reform the same whenever the 
public good may require it : Provided, such change be 
not repugnant to the Constitution of the United States. 

Sec. 2. — Right to Life, Liberty, etc. — All persons 
have the inherent right to life, liberty, the pursuit of 
happiness, and the enjoyment of the gains of their own 
industry. 

Sec. 3. — Right of People to Peaceably Assemble. — 
The people have the right peaceably to assemble for their 
own good, and to apply to those invested with the powers 
of government for redress of grievances by petition, ad- 
dress, or remonstrance. 



Appi^ndix. 



.io;5 



Sec. 4.— Restriction of Civil and Military Power.— 

No poAver, civil or military, shall ever interfere to pre- 
vent the free exercise of the right of suifrage by those 
entitled to such right. 

Sec. 5.— Public Money; Cannot Be Appropriated for 
Any Church, etc.— No public money or property shall 
ever be appropriated, applied, donated, or used, directly 
or indirectly, for the use, benefit, or support of any sect, 
church, denomination, or system of religion, or for the 
use, benefit, or support of any priest, preacher, minister, 
or other religious teacher or dignitary, or sectarian in- 
stitution as such. 

Sec 6.— Courts of Justice Open; Speedy Remedy.— 
The courts of justice of the state shall be open to every 
person, and speedy and certain remedy afforded for every 
wrong and for every injury to person, property, or repu- 
tation ; and right and justice shall be administered with- 
out sale, denial, delay, or prejudice. 

Sec. 7.— Due Process of Law.— No person shall be de- 
prived of life, liberty, or property, without due process 
of law. 

Sec. 8.— All Offenses Bailable Except Capital.— All 
persons shall be bailable by sufficient sureties, except for 
capital offenses when the proof of guilt is evident, or the 
presumption thereof is great. 

Sec. 9.— Excessive Bail.— Excessive bail shall not be 
required, nor excessive fines imposed, nor cruel or unusual 
punishments inflicted. 

Sec. 10.— Writ of Habeas Corpus.— The privilege of 
the writ of habeas corpus shall never be suspended by 
the authorities of this state. 

Sec. 11.— Officers; Personal Attention to Duties.— 
Every person elected or appointed to any office or em- 
ployment of trust or profit under the laws of the state. 



104 Govern MKNT in Oklahoma. 

or under any ordinance of any municipality thereof, sliali 
give personal attention to the duties of the office to which 
he is elected or appointed. 

Sec. 12. — Restriction on Right to Hold Office. — No 
member, of congress from this state, or p^irson holding any 
office of trust or profit under the laws of any other state, 
or of the United States, shall hold any office of trust or 
profit under the laws of this state. 

Sec. 13. — Imprisonment for Debt Frohibited.^Im- 

prisonment for debt is prohibited, except for the non- 
payment of fines and penalties imposed for the violation 
of the law. 

Sec. 14. — Military Subordinate to Civil Authority.— 
The military shall be held in strict subordination to the 
civil authorities. No soldier shall be quartered in any 
house, in time of peace, without the consent of the owner, 
nor in time of war, except in a manner to be prescribed 
by law. 

Sec. 15. — Ex Post Facto Laws; Contracts. — No bill 
of attainder, ex post facto law% nor any law impairing the 
obligation of contracts, shall ever be passed. No convic- 
tion shall work a corruption of blood or forfeiture of 
estate: Provided, that this provision shall not prohibit 
the imposition of pecuniary penalties. 

Sec. 16. — Treason. — Treason against the state shall 
consist only in levying w^ar against it or in adhering to 
its enemies, giving them aid and comfort. No person 
shall be convicted of treason, unless on the testimony of 
tw^o witnesses to the same overt act, or on confession in 
open court. 

Sec. 17. — Indictment; Information; Examining Trial. 

— No person shall ])e prosecuted criminally in courts of 
record for felony or misdemeanor otherwise than by 



ArpivNDix. 105 

presentment or indictment or by information. No per- 
son shall be prosecuted for a felony by information with- 
out having had a preliminary examination before an 
examining magistrate, or having v^aived such preliminary 
examination. Prosecutions may be instituted in courts 
not of record upon a duly verified complaint. 

Sec. 18. — Grand Jury. — A grand jury shall be com- 
posed of twelve men, an}^ nine of whom concurring may 
find an indictment or true bill. A grand jury shall be 
convened upon the order of a judge of a court having 
the power to try and determine felonies, upon his own 
motion ; or such grand jury shall be ordered by such judge 
upon the filing of a petition therefor signed by one hun- 
dred taxpayers of the county ; when so assembled such 
grand jury shall have power to investigate and return 
indictments for all character and grades of crime, and 
such other powers as the legislature may prescribe : 
Provided, that the legislature may make the calling of 
a grand jury compulsory. 

Sec. 19.— Petit Jury; Trial.— The right of trial by 
jury shall be and remain inviolate, and a jury for the 
trial of civil and criminal cases in courts of record, other 
than county courts, shall consist of twelve men; but, in 
county courts and courts not of record, a jury shall con- 
sist of six men. This section shall not be so construed as 
to prevent limitations being fixed by law upon the right 
of appeal from judgments of courts not of record, in civil 
cases concerning causes of action involving less than 
twenty dollars. In civil cases, and in criminal cases less 
than felonies, three-fourths of the whole number of jurors 
concurring shall have power to render a verdict. In all 
other cases the entire number of jurors must concur 
to render a verdict. In case a verdict is rendered by 
loss than the whole number of jurors, the verdict shall 
be in writing and signed by each juror concurring therein. 



106 Gove:rnme:nt in Oklahoma. 

Sec. 20. — Criminal Prosecutions; Change of Venue; 
To Be Confronted With Witnesses. — In all criminal prose- 
cutions the accused shall have the right to a speedy and 
public trial by an impartial jury of the county in which 
the crime shall have been committed : Provided, that 
the venue may be changed to some other county of the 
state, on the application of the accused, in such manner 
as may be prescribed by law. He shall be informed of 
the nature and cause of the accusation against him and 
have a copy thereof, and be confronted with the wit- 
nesses against him, and have compulsory process for 
obtaining witnesses in his behalf. He shall have the right 
to be heard by himself and counsel; and in capital cases, 
at least two days before the case is called for trial, he 
shall be furnished with a list of the Avitnesses that will 
be called in chief, to prove the allegations of the indict- 
ment or information, together with their post-office ad- 
dresses. 

Sec. 21. — Evidence Against Oneself; Jeopardy.— No 
person shall be compelled to give evidence which will 
tend to incriminate him, except as in this constitution 
specifically provided; nor shall any person, after having 
been once acquitted by a jury, be again put in jeopardy 
of life or liberty for that of which he has been acquitted. 
Nor shall any person be twice put in jeopardy of life 
or liberty for the same offense. 

Sec. 22. — Right of Free Speech; Libel. — Every per- 
son may freely speak, Avrite, or publish his sentiments on 
all subjects, being responsible for the abuse of that right; 
and no law shall be passed to restrain or abridge the lib- 
erty of speech or of the press. In all criminal prosecu- 
tions for libel, the truth of the matter alleged to be libel- 
ous may be given in evidence to the jury, and if it shall 
appear to the jury that the matter charged as libelous be 



Appe:ndix. 107 

true, and was written or published with good motives or 
for justifiable ends, the party shall be acquitted. 

Sec. 23.— Private Property Not to Be Taken for Pri- 
vate Use. — No private property shall be taken or dam- 
aged for private use, with or without compensation, unless 
by consent of the owner, except for private ways of neces- 
sity, or for drains and ditches across lands of others for 
yigricultural, mining, or sanitary purposes, in such manner 
as may be prescribed by law. 

Sec. 24.— Private Property; Condemnation; Damages; 
Right of Way. — Private property shall not be taken or 
damaged for public use without just compensation. Such 
compensation irrespective of any benefit from any im- 
provements proposed, shall be ascertained by a board 
of commissioners of not less than three free-holders, in 
such manner as may be prescribed by law. The com- 
missioners shall not be appointed by any judge or 
court without reasonable notice having been served 
upon all parties in interest. The commissioners shall 
be selected from the regular jury list of names pre- 
pared and made as the legislature shall provide. Any 
party aggrieved shall have the right of appeal, with- 
out bond, and trial by jury in a court of record. Un- 
til the compensation shall be paid to the owner, or into 
court for the owner, the property shall not be dis- 
turbed, or the proprietary rights of the owner divested. 
AVhen possession is taken of property condemned for any 
public use, the owner shall be entitled to the immediate 
receipt of the compensation awarded, without prejudice 
to the right of either party to prosecute further proceed- 
ings for the judicial determination of the sufficiency or 
insufficiency of such compensation. The fee of land taken 
by common carriers for right of way, without the con- 
sent of the owner, shall remain in such owner subject only 
to the use for which it is taken. In all cases of condemna- 



108 Gove:rnme:nt in OkLxMioma. 

tion of private property for public or private use, the de- 
termination of the character of the use shall be a judicial 
question. 

Sec. 25. — Contempts; Jury Trial. — The legislature 
shall pass laws defining contempts and regulating the 
proceedings and punishment in matters of contempt : Pro- 
vided, that any person, accused of violating or disobey- 
ing, when not in the presence or hearing of the court, or 
judge sitting as such, any order or injunction, or re- 
straints, made or rendered by any court or judge of the 
state shall, before penalty or punishment is imposed, be 
entitled to a trial by jury as to the guilt or innocence of 
the accused. In no case shall a penalty or punishment 
be imposed for contempt, until an opportunity to be heard 
is given. 

Sec. 26. — Right to Bear Arms; Weapons. — The right 
of a citizen to keep and bear arms in defense of his home, 
person, or property, or in aid of the civil power, when 
thereunto legally summoned, shall never be prohibited; 
but nothing herein contained shall prevent the legisla- 
ture from regulating the carrying of weapons. 

Sec. 27. — Evidence; Compelled to Give; Immunity. — 

Any person having knowledge or possession of facts that 
tend to establish the guilt of any other person or cor- 
poration charged with an offense against the laws of the 
state, shall not be excused from giving testimony or pro- 
ducing evidence, when legally ealled upon to do so, on 
the ground that it may tend to incriminate him under 
the laws of the state ; but no person shall be prosecuted or 
subjected to any penalty or forfeiture for or on account 
of any transaction, matter, or thing concerning Avhich he 
may so testify or produce evidence. 

Sec. 28. — Records of Corporations Open to Inspec- 
tion. — The records, books, and files of all corporations 



Appkndix. 1^*^ 

shall be, at all times, liable and subject to the full vis- 
itorial and inquisitorial powers of the state, notwithstand- 
ing the immunities and privileges in this bill of rights 
secured to the persons, inhabitants, and citizens thereof. 

Sec. 29.— No Person Transported Out of State; Due 
Process of Law.— No person shall be transported out of 
the state for any offense committed within the state, nor 
shall any person be transported out of the state for any 
purpose, without his consent, except by due process of 
law ; but nothing in this provision shall prevent the opera- 
tion of extradition laws, or the transporting of persons 
sentenced for crime, to other states for the purpose of 
incarceration. 

Sec. 30.— Search Warrants and Seizures.— The right 
of the people to be secure in their persons, houses, papers, 
and effects against unreasonable searches or seizures shall 
not be violated; and no warrant shall issue but upon 
probable cause supported by oath or affirmation, describ- 
ing as particularly as may be the place to be searched 
and the person or thing to be seized. 

Sec. 31.— State May Engage in Business.— The right 
of the state to engage in any occupation or business for 
public purposes shall not be denied or prohibited, except 
that the state shall not engage in agriculture for any 
other than educational and scientific purposes and for the 
support of its penal, charitable, and educational institu- 
tions. 

Sec. 32.— Perpetuities and Monopolies Prohibited.— 
Perpetuities and monopolies are contrary to the genuis 
of a free government, and shall never be allowed, nor 
shall the law of primogeniture or entailments ever be in 
force in this state. 



110 Gove;rnme:nt in OkIvAhoma. 

Sec. 33.— Enumeration of Rights No Denial of Others. 

The enumeration in this constitution of certain rights 
shall not be construed to deny, impair, or disparage others 
retained by the people. 



APPENDIX C. 



UNITED STATES POST-OFFICE 
POSTAL INFORMATION 



DOMESTIC MAIL MATTER 



RATES OF POSTAGE 

First-class. Letters and other matter, wholly or part- 
ly in writing, and matter sealed or otherwise closed 
against inspection, 2 cents for each ounce or fraction 
thereof. 

Post cards and postal cards, 1 cent each. 

''Drop-letters," 1 cent for each ounce or fraction 
thereof when mailed at post-offices where letter carrier 
service is not established and at offices Avhere patrons 
cannot be served by rural or star route carriers. 

A "drop-letter" is one addressed for delivery at the 
office where mailed. Letters deposited in boxes along a 
rural route or star route are subject to postage at the rate 
of 2 cents an ounce or fraction thereof. There is no drop 
rate on mail other than letters. 

15—0. H 



AppivNdix. 
MODEL FORMS OF ADDRESS 



111 



After days return to 

JOHN C. SMITH 

146 State St. 
Wilkesville. N. Y. 




MR. FRANK B. JONES, 

2416 Front Street, 
OSWEGO, 

OHIO. 



After Days return to 

JOHN C. SMITE! 
Rural Route No. 1 
Wilkesville. N. Y. 



MR. ERANK B. JONES, 

Rural Route No. 3, 
OSWEGO, 

OHIO. 




(Form recuninieiidrd by Postal Department. 



112 Government in Oki^ahoma. 

SPECIAL DELIVERY SERVICE 

Special delivery service is the prompt delivery of mail 
by messenger during prescribed hours to persons who re- 
side within the carrier limits of city delivery offices, to 
patrons of rural service who reside more than one mile 
from post-offices but within one-half mile of rural routes, 
and to residents within one mile of any post-office. Spe- 
cial delivery mail is not expedited in transit between post- 
offices. 

How Obtained. This service is obtained by placing 
on Siny letter or article of mail a special delivery stamp 
or ten cents worth of ordinary stamps in addition to the 
lawful postage. When ordinary stamps are used, the 
words ''Special Delivery" must be placed on the envel- 
ope or wrapper directly under but never on the stamps; 
otherwise the letter or article will not be accorded special 
delivery service. 

Forv^arding. Special delivery mail may be forwarded 
under the same rules as ordinary mail, and is then en- 
titled to special delivery service unless an attempt was 
made to effect delivery at the office of original address. 

Does Not Insure Unusual Safety. When it is desired 
to send money or other valuables by special delivery the 
matter should also be registered. A special delivery stamp 
does not insure unusual safety. 

THE REGISTRY SYSTEM 

Fee. The registry fee is 10 cents for each separate 
letter or parcel, in addition to the postage, either foreign 
or domestic, both postage and fee to be fully prepaid. 

Registry Stamp. A registry stamp, specially designed 
for the purpose, which is not valid in payment of postage, 
should be used to prepay the registry fee, but ordinary 
postage stamps may also be used for this purpose. 



Appe:ndix. '^'^^^ 

Return Receipts. Wlien an acknowledgment of de- 
livery is desired, the envelope or wrapper of the registered 
article should be indorsed on the address side l)y the 
sender, "Receipt Desired," or words of similar import. 



MONEY-ORDER SYSTEM 

Advantages of the System. The postal money-order 
system offers to the public a safe, cheap and convenient 
method of making remittances by mail. Money can be 
sent without danger of loss at low rates to all parts of 
the United States and its possessions, as well as foreign 
countries, by means of money-orders. It is recommended 
that postal money-orders be used, whenever available, 
instead of cash for remittances by mail, and that, Avhen 
money-orders are not available, the money be sent by regis- 
tered mail. The department requires the transaction of 
money-order business at all post-offices where practicable. 
Postmasters are not required to transact money-order 
business on Sunday. 

International Money-Orders. At all of the larger 
post-offices, and at many of the smaller ones, international 
money-orders may be obtained, payable in almost any 
part of the world. 

Fees for money-orders, payable in the United States 
(which includes Hawaii and Porto Rico) and its posses- 
sions, comprising the Canal Zone (Isthmus of Panama), 
Guam, the Philippines, and Tutuila, Samoa; also for orders 
payable in Bermuda, British Guiana, British Honduras, 
Canada, Cuba, Mexico, Newfoundland, at the United 
States Postal Agency at Shanghai (China), in the Ba- 
hama Islands and in certain other islands in the West 
Indies, are as follows: 



114 G0VIi:RNME:NT IN OkI^AHOMA. 

For orders from $ 0.01 to $ 2.50 [\ c(^uts 

from $ 2.51 to $ 5.00 5 cents 

from $ 5.01 to $ 10.00 8 cents 

from $10.01 to $ 20.00 10 cents 

from $20.01 to $ 30.00 12 cents 

from $30.01 to $ 40.00 15 cents 

from $40.01 to $ 50.00 18 cents 

from $50.01 to $ 60.00 20 cents 

from $60.01 to $ 75.00 25 cents 

from $75.01 to $100.00 30 cents 

Lost Orders. When a domestic money-order has been 
lost, the owner may, upon application through either the 
office at which the original was issued or the office on 
which it was drawn, obtain, without charge, a duplicate 
to be issued in its stead within one year from the last 
day of the month of issue. 



POSTAL SAVINGS SYSTEM 

Deposits. Any person of the age of ten years or over 
may become a depositor. The account of a married Avoman 
is free from any control or interference of her husband. 
No person can have more than one account at the same 
time. 

An account can not be opened for less than $1, nor 
can fractions of $1 be deposited or withdrawn except as 
interest; but amounts less than $1 may be saved for 
deposit by the purchase of 10-cent postal-savings cards 
and adhesive 10-cent postal-savings stamps. No person is 
permitted to deposit more than $100 in any one calendar 
month nor to have a total balance to his credit at one time 
of more than $500, exclusive of interest. 

Privacy of Accounts. No person connected with the 
post-office department or the postal service is permitted 



APPF.NDIX. 115 

to disclose the name of any depositor, or give any informa- 
tion concerning an account except to the depositor him- 
self, nnlcss directed to do so by the postmaster-general. 

Certificates. Depositors receive postal-savings certi- 
ficates covering the amount of each deposit made. These 
certificates are valid until paid, without limitation as to 
time. Postmasters are not permitted to receive savings 
certificates for safe-keeping. 

Interest. Interest will be allowed on all certificates 
at the rate of two per cent, for each full year that tlie 
money remains on deposit, beginning with the first day of 
the month following the one in which it is deposited. 
Interest continues to accrue on deposit as long as the 
certificates remain outstanding. 

Withdrawals. A depositor may at any time withdraw 
the whole or any part of his deposit, with any interest 
payable, by surrendering at his depository office savings 
certificates covering the desired amount. 



PARCEL POST 
TABI.£ OP POSTAGE RATES ON FOURTH-CLASS MAH. 

Parcels weighing 4 ounce:^ or less are mailable at the rate of 
1 tent for each ounce or fraction of an ounce, regardless of dis- 
tance. Parcels weighing more than 4 ounces are mailable at the 
following pound rates, a fraction of a pound being considered a full 
pound. 



Weight. 





<v 


di 


6 


6 


6 


OJ 


0/ 






















-£ 

o^ 




r- 03 


a 




::;:; oj 

0, <V 


2c 


o !=; 


"^ ^ 


^^ 


i^ c 


i< ^ 


> C 


.:: o 


.!lo 


(D O 


x: o 


P ° 


^ o 


•2 o 


a> o 


feJ 


fcM 


cots: 


^N 


fcts: 


fcN 


«2N ^ 


MN 



1 pound_. 

2 pounds- 

3 pounds- 

4 pounds- 

5 pounds- 

6 pounds. 

7 pounds- 

8 pounds. 

9 pounds- 

10 pounds- 

11 pounds. 

12 pounds. 

13 pounds- 

14 pounds. 

15 pound 3- 

16 pounds. 

17 pounds. 

18 pounds. 

19 pounds- 

20 pounds. 

21 pounds- 

22 pounds. 

23 pounds. 

24 pounds. 

25 pounds. 

26 pounds. 

27 pounds- 

28 pounds. 

29 pounds. 

30 pounds. 

31 pounds- 

32 pounds. 

33 pounds. 

34 pounds. 

35 pounds. 

36 pounds. 

37 pounds. 

38 pounds. 

39 pounds. 

40 pounds. 

41 pounds. 

42 pounds. 

43 pounds. 

44 pounds- 

45 pounds. 

4 6 pounds- 

47 pounds. 

48 pounds- 

49 pounds. 

50 pounds- 



$0.05 j $0.05 
.06 i .06 
.06 j .07 
.07 .08 
.07 .09 



.10 
.11 
.12 
.13 
.14 

.15 
.16 
.17 
.18 
.19 

.20 
.21 
.22 
.23 
.24 

.25 
.26 
.27 
.28 
.29 

.30 
.31 
.32 
.33 
.34 

.35 
.36 
.37 
.38 
.39 

.40 
.41 
.42 
.43 
.44 

.45 
.46 
.47 
.48 
.49 

.50 
.51 
.52 
.53 
.54 



$0.05 
.06 
.07 
.08 
.09 

.10 
.11 
.12 
.13 
.14 

.15 
.16 
.17 
.18 
.19 

.20 
.21 
.22 
.23 
.24 

.25 
.26 

.27 
.28 
.29 

.30 
.31 
.32 
.33 
.34 

.35 
.36 
.37 
.38 
.39 

.40 
.41 
.42 
.43 
.44 

.45 
.46 

.47 
.48 
.4".) 

.50 
.51 
.52 
.53 
.54 



$0.06 
.08 
.10 
.12 
.14 

.16 
.18 
.20 
.22 

.21 

.26 
.28 
.30 
.32 
.34 

.36 
.38 
.40 
.42 
.44 



$0.07 
.11 
.15 
.19 
.23 



$0.08 
.14 
.20 
.26 
.32 

.38 
.44 
.50 
.56 



.68 
.74 
.80 
.86 
.92 

.98 I 
1.04 ' 
1.10 
1.16 
1.22 



$0.09 
.17 
.25 
.33 
.41 

.49 
.57 
.65 
.73 
.81 

.89 

.97 

1.05 

1.13 

1.21 

1.29 
1.37 
1.45 
1.53 
1.61 



$0.11 
.21 
.31 
.41 
.51 

.61 
.71 
.81 
.91 
1.01 

1.11 
1.21 
1.31 
1.41 
1.51 

1.61 
1.71 
1.81 
1.91 
2.01 



ArPKNDix. in' 

i'ARCKL i'OST "C. O. D." KlvVTURE 

The sender of a mailable parcel on which the postage 
is fully prepaid may have the price of the article and the 
charges thereon collected from the addressee on payment 
of a fee of ten cents in postage stamps affixed, provided 
the amount to be collected does not exceed ^100. Such a 
parcel will be insured against loss, without additional 
charge, in an amount equivalent to its actual value, but 
not to exceed $50. 

The sender of a collect on delivery (C. 0. D.) parcel 
will be given a receipt showing the office and date of 
mailing, the number of the parcel, and the amount due 
him. 

The sender of a C. 0. D. parcel shall fill in as many 
of the items on the C. 0. D. tag as possible, including the 
item showing the amount due him, and shall place his 
name and address on the back. He shall also place his 
name and address on the back of the coupon retained at 
the mailing office. 

A C. 0. D. parcel will be accepted for mailing only 
at a money-order office and Avhen addressed to a money- 
order office. Money-order offices are designated in the 
parcel post guide by an asterisk or a dagger. 

The addressee will not be permitted to examine the 
contents of a C. 0. D. parcel until it has been receipted 
for and all charges paid. A parcel may be refused when 
it is tendered for delivery, but after delivery has been 
effected it can not be returned on account of dissatisfac- 
tion with the contents or the amount collected. 



GENERAL INDEX 



Note to Teacher: — The figures refer to pa^es in tlie text; the 
Koman numerals refer to articles in the Oklahoma Constitution, 
and these are follovred by figures indicating tlie sections of the 
articles named. All reference to the Constitution or to the statutes 
of the State are enclosed in parenthesis. 



Adjutant General 4<) 

Agriculture, State Board of (Art. TX, Sec. 5) 47 

Amendments to the State Constitution 51 

Animal Industry 47 

Annual School Meetings 19 

Appendix A 79 

Appendix B ]02 

Appendix C 110 

Appointments, President's Power 65 

Governor's Power 4S 

Of Officers in Cities 29 

Apportionment of School Funds 20 

Army 72 

Articles of Confederation 61 

Assessments 35 

Assessor, County 35 

Attendance, Compulsory 23 

Attorney-General, State 45 

Attorney, County 34 

Auditor, State 45 

Bill of Eights, State 102 

Boards, County: 

Commissioners 35 

Election -yH 

Excise 36 

Boards, State: 

Affairs, Public : 48 

Agriculture 47 

Banking 48 

Education 47 

Boards, Precinct Election 58 

Boards, Township, Trustees 26 

Bureaus, National 67 

Cabinet of President 66 

Chief Mine Inspector, State 46 

Circuit Courts of Appeals 54 

Cities: 

Attorney 29 

Charter 29 



120 Gi-:NKKAi^ Indicx 

I'age 

Clerk 20 

Commission Form of Goveniinent .'U 

Marshal oU 

Police 30 

Street Commissiouer ! 2i) 

Treasurer 29 

Civil Service t)6 

Clerk, County '. H4 

Clerk, District Court 35 

Commerce 73 

Commission Form of Government 31 

Commission, State Corporation (Art. IX) 46 

Comnjissioner: 

Charities and Corrections 16 

Health 48 

Highways 48 

Insurance 45 

Labor 45 

Street 30 

Commissioners: 

County 35 

Land Office 47 

Congress: 

Committees in 70 

Houses 69 

Powers 77 

Prohibitions 76 

Sessions 69 

Congressional Townships 24 

Constable J 30 

Constitution: 

National 79 

State 39 

Constitutional Convention, National 62 

State 38 

Continental Congress 61 

Corporations 42 

Counties (Art. XVII) 33 

Courts: 

County 33 

Justice 27 

Municipal 29 

National 77 

State 52 

Criminal Court of Appeals 54 

Debts, Public, Limit of 55 

Declaration of Independence 61 

District Court 54 

Education, Boards of: 

City - 22 

District 19 

State 47 



G];ni;k.\l Indi'X I'll 

EdiicutioM, St:ito Svstoin (Art. XIII) 47 

United States ('oiuniissionor (i7 

Eleeniosyuary Jiistitiitioiis ."JO 

Election: 

Ballot r,H 

Boards oS 

Registration ")7 

School 1!> 

State ~>H 

I<]xaininer and Inspector, State 4.') 

Excise Board, County 'Mi 

Executive Department: 

National (>") 

State r.i 

Family Group - 

Fellow Servant Law 41 

Fire Marshall '■'>'> 

Game Warden 48 

Government: 

Familv 12 

Federal 48 

Local li) 

National -"lO 

Nature of 10 

Need of Ki 

School li) 

State 'M^ 

Township 24 

Governor, Powers and Duties 4;> 

Habeas Corpus, Writ of (Art. IF, Sec. 10) 41 

Health, State Commissioner, State 4.S 

Highway Commissioner, State 4S 

House of Kepresentatives: 

National W> 

State 51 

Impeachment: 

National 7S 

State 53 

Initiative and Roferendum 30 

Insurance Commissioner, State 45 

Judges of Supreme Court: 

National 77 

State 53 

Judicial Department: 

National 77 

State 53 

JusHce of the Peace 3f) 

Juvenile Courts '- 34 



122 General Index 

Page 

Labor, Commissioner of, State ^ 4.") 

Land Office, State Commissioners of 47 

Land Survey 24 

Legislative Department: 

National 61) 

State 50 

Library, School 20 

Lieutenant- Govern or 44 

Local Government 19 

Marshal, City 30 

Mayor 29 

Mine Inspectors, State 46 

Money 73 

Municipal Township 26 

National Territory 74 

Navy 72 

Oklahoma Bill of Eight 102 

Parcels Post' 116 

Pardons, Power of: 

Governor 43 

Mayor 29 

President 65 

Personal Eights 12 

Political Eights 12 

Postal Eates 110 

President 65 

Presidential Succession Law 48 

Primary Elections, Mandatory 57 

Public Instruction, Superintendent of: 

Countv 35 

State" 46 

Public Health Commissioner, State 46 

Public Schools: 

Annual Meeting 19 

City Districts 22 

Compulsory Attendance 23 

Consolidation 21 

Countv Superintendent 35 

Distri*':>t Officers 19 

State Superintendent 46 

Eeferendum 50 

Registration Letters 112 

Ecgistration Votes 57 

Eegister of Deeds, County 34 

Eeligious Toleration 40 

Eepresentatives, House of: 

National 69 

State 51 



GiCNiCRAL Ii\Di;x 133 

Page 

Reservations 15f 

Reveinie and Taxation (Art. X, Sees. 1 to 30) 5~) 

Koad Overseer 27 

School Funds 20 

Seal, State 45 

Secretary of State 44 

Senate: 

National GO 

State 50 

Separate School 23 

Sheriff . 34 

Speaker of the Hcase: 

National 69 

State ol 

Special Delivery 112 

Suffrage and Elections 57 

Superintendent of Public Instruction: 

County 35 

State 46 

Supreme Court: 

National 77 

State 53 

Surveyor, County 34 

Taxes ^)^) 

Taxes, School 22 

Treasurer: 

City 20 

City School District 22 

County 34 

School District 10 

State 46 

Veto Power: 

Governor 43 

President 65 

Vice President 67 

Warden, Cianie and Pisli 4S 

Weigher, County 35 



